Is Probate Always Required in NSW? What Executors Need to Know

Not every estate in NSW requires Probate. Whether Probate is needed depends on how the deceased held their assets. 

When Probate is usually required 

Probate is generally needed where the deceased owned: 

• Real estate in their sole name 

• Bank accounts above certain thresholds 

• Shares or investments 

• Assets held as tenants in common 

• Superannuation or life insurance with no valid nomination 

Probate gives the Executor legal authority to deal with these assets. 

When Probate may NOT be required 

Probate may not be required where: 

• Assets are held in joint tenancy (these pass automatically to the surviving owner) 

• Institutions release funds without Probate (depending on value and policy) 

However, even where Probate is not required, some paperwork is still usually needed. 

Why legal advice is important 

Each institution has different requirements, and Executors are often unsure what applies. Getting advice early helps avoid delays in accessing estate assets.