When Is Probating a Will Necessary?

If a person dies and leaves a will, then probate is required to implement the provisions of that will. However, a probate process also can happen if a person dies without a will and has property that needs to be distributed under the state intestacy law (the law of inheritance).

Is probate of a will necessary?

Depending on the type, size and value of the assets located in New South Wales it may not be necessary to obtain a grant of probate in New South Wales. There is no statutory requirement to obtain probate in every case. Some asset holders will often release smaller amounts without the need for probate to be obtained.

Why is probating a will necessary?

An estate may require probate simply to carry out the terms and distribute the estate—even if there is a valid will. ... In other cases, where the decedent retains sole ownership of assets—like the house—probate simply facilitates the necessary legal procedure that transfers ownership of that property to the beneficiary.