James Papas Solicitors acknowledges the Darug people as the Traditional Custodians of the land on which we work, and pays respect to Elders past, present, and emerging.

Deceased Estates

Probate Lawyers
Parramatta & NSW

Lost someone and been named executor? We handle the entire probate process — the grant, the paperwork, the deadlines and the distribution — so you can focus on your family. Fixed fees available for standard grants.

Free First Consultation(02) 9633 3122
How We Help

Being an executor is a job.
We do it with you.

A grant of probate is the Supreme Court's confirmation that the Will is valid and the executor has authority to act. Without it, banks and the land registry generally won't release or transfer the deceased's significant assets.

We've been administering NSW estates from Parramatta since 1977 — straightforward grants, intestate estates, informal Wills, and estates with assets overseas. First, we tell you whether probate is even needed; for many small or jointly-held estates, it isn't.

Download our free Executor's First Steps Checklist (PDF) — the practical to-do list for the first weeks after a death.

Speak to a Probate Solicitor

Probate at a glance

✓Current court timingRoutine applications are being assessed within roughly 2-4 weeks of filing; most grants issue 6-10 weeks after engagement.
✓Fixed fees availableStandard grants quoted upfront. NSW solicitor costs for obtaining a grant are regulated by a statutory scale.
✓Probate not always neededJoint assets and small accounts often pass without a grant — we tell you honestly before you spend anything.
✓Executor protectionWe manage the notice and timing rules that shield executors from personal liability when distributing.
✓Overseas assetsEstates spanning Australia, Sri Lanka and India handled regularly, including reseals of foreign grants.
✓Tamil & Greek spokenExplain a difficult process in the language your family is most comfortable in.
Services

Probate & Estate Services

Grants of Probate
Letters of Administration (no Will)
Letters of Administration with the Will annexed
Executor advice & duties
Estate administration & distribution
Probate Notices & court filing
Requisition responses
Small estates & when probate is not needed
Estates with overseas assets
Reseals of foreign grants
Intestacy advice
Defending & responding to estate claims
What to Expect

The Probate Process

1

First consultation

Bring the death certificate and the Will if you have it. We confirm whether probate is actually required, who should apply, and give you a clear fee estimate — many estates qualify for fixed fees.

2

Probate Notice

We publish the required notice of intended application on the NSW Online Registry. The application can be filed 14 days later.

3

Prepare & file

We prepare the summons, inventory of property and affidavits, and file with the Supreme Court of NSW — correctly the first time, so requisitions are avoided.

4

Grant issued

Routine applications are currently assessed by the Court within a few weeks of filing. We answer any requisitions promptly if raised.

5

Administer the estate

Collect assets, pay debts, publish the notice of intended distribution, and distribute to beneficiaries — with advice on the timing rules that protect executors from personal liability.

Named as executor?
Find out exactly what to do — free.

Free Consultation(02) 9633 3122
Common Questions

Probate FAQs

QWhat is probate?
Probate is the Supreme Court of NSW's official recognition that a Will is valid and that the executor named in it has authority to deal with the deceased's assets. Banks, aged care providers, share registries and the land registry generally require a grant before releasing or transferring significant assets.
QDo I always need probate?
No. Probate is generally not needed where assets were owned jointly (they pass automatically to the survivor), or where the estate is small — many banks release balances under their own thresholds (commonly around $50,000, varying by institution) without a grant. We tell you honestly at the first consultation if you can skip probate entirely.
QHow long does probate take in NSW?
The Supreme Court is currently assessing routine applications within roughly 2 to 4 weeks of filing. Allowing for the 14-day notice period and preparation, most executors have the grant within 6 to 10 weeks of engaging us.
QWhat does probate cost?
There are two parts: the Supreme Court filing fee, which is set on a sliding scale based on the gross value of the estate, and professional costs. Solicitor costs for obtaining a grant in NSW are regulated by a statutory scale based on estate value. We quote clearly upfront and offer fixed fees for standard grants.
QWhat if there is no Will?
The estate is intestate. Instead of probate, an eligible next of kin (usually the spouse or children) applies for Letters of Administration, and the estate is distributed according to the intestacy rules in the Succession Act 2006 — not according to what anyone assumes the deceased wanted.
QWhat are an executor's duties?
To identify and protect the assets, obtain the grant, pay the debts and taxes, and distribute the estate to the beneficiaries — acting impartially and keeping proper accounts. Executors can be personally liable for mistakes, which is why most engage a solicitor; the estate, not the executor personally, ordinarily pays the proper legal costs.
QWhen can the estate be distributed?
An executor is generally protected from personal liability if they publish a notice of intended distribution, wait at least 30 days after the notice (and at least 6 months from the date of death), and have no notice of any claim. Distributing early — especially within 12 months when a family provision claim is still possible — carries real risk. We advise on safe timing.
QThe deceased had assets in Sri Lanka or overseas — what happens?
Overseas assets usually require a separate process in that country, alongside the NSW grant for Australian assets. Where another country has issued a grant, it may be possible to "reseal" it in NSW. We regularly assist Western Sydney families with estates that span Australia, Sri Lanka and India, and can coordinate with overseas lawyers.
Further Reading
How Long Does Probate Take in NSW? →An Executor's Duties: Step-by-Step →When Probate Is NOT Needed →Contesting a Will & Family Provision →