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NSW Executor of Will - Do We Need to Apply for Probate?

Discussion in 'Wills and Estate Planning Law Forum' started by Adrienne, 16 November 2015.

  1. Adrienne

    Adrienne Member

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    Good evening

    My mother-in-law recently passed away and nominated my husband as executor of will. She had $800 in the bank - furniture of no value - no vehicle and was a tenant. Her debts far exceed her bank balance. What do you suggest we do in dispersing what money she did have and do we need to apply for Probate?
     
  2. Tim W

    Tim W Lawyer

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    Yes your husband will need to apply for Probate, if only for authority to transact on her estate (such as paying her bills etc).

    Bear in mind that there may be insurance products attached to any loans, credit cards, or super that she had, which may help settle her debts.

    You may find this post helpful.
     
  3. Adrienne

    Adrienne Member

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    Thanks Tim. I'll look into the insurance aspect.
     

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