Probate is a finding by the Supreme Court, that the particular will is the last valid will of the deceased, and the applicant is officially the executor or representative of the estate.

It is neededto transfer or sell land owned by the deceased (except for joint tenancy ownership). It is neededby banks,and other institutions to get funds out or transferassets or funds if the amount is over the limit that institution sets to deal with the funds or asset less formally...if there is $10,000 in a bank account, the bank will usually take a promise to repay the amount if the executor is not entitled, but if there is $100,000 in the account, the bank will require Probate.

These days it is an application to the Court that is usually all done in writing, and the Court posts out the Probate to the solicitor acting for the applicant executor.

There is a filing fee payable to the Court, The lawyer's fees are regulated by a scale.

Often people think Probate is some sort of tax or charge...thatis wrong, and probably goes back to the days of death duties (an estate tax thathas not applied for many years). There is no death tax, and no gift tax in NSW. Capital Gains Tax usually is not payable on transfer of assets due to death, but it can be important to consult someone who knows how CGT works.

Probate is quick now...about 4 weeks from when you see a competent solicitor,if there are no problems. Getting funds incan be as little as 6 weeks. Whether an executor can and should distribute the estate early is somethingthat you should take competent advice on.