In NSW, before an estate can be administered, it is often necessary that probate has been granted. To obtain a Grant of Probate, the executor named in the Will must apply to the Probate Office of the Supreme Court. The will needs to be checked and information about the deceased person's assets and liabilities need to be verified. When the probate has been granted, all of the management of the deceased assets can be transferred to the executor. The executor can then act and deal upon the estate's assets.
There are cases however, where estates are quite simple and it is not necessary for the executor to obtain a grant of probate where the asset holder is willing to deal with the asset without probate. This might be when the asset is held under joint tenancy or the asset value is small. In this situation the executor might be exposed to liability in dealing with the assets without Probate.
The legal fees charged for a grant of probate in NSW are based on a scale set by the Supreme Court.
Probate and Administration Act 1898 (NSW), s 42