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Discovering What Really Matters When Managing an Estate

We've helped hundreds of clients and counting—offering experience, clarity, and peace of mind—because you shouldn’t have to face probate in NSW alone.

The Hidden Pitfalls of Probate Advertising: Avoiding Unseen Liabilities

When Trish’s mother passed away, she suddenly found herself in a whirlwind of legal responsibilities. 

“I honestly didn’t know what probate even meant, let alone that I might be held responsible if I missed a step. The legal terms alone made my head spin,” she shared. 

One of the most misunderstood (yet crucial) steps in estate administration in NSW?

Advertising for creditors.

It’s not just a formality—it’s a legal requirement that can protect the executor in NSW probate from personal liability and future claims. 

Before Applying for Probate in NSW: Why You Need to Advertise 

Before Trish could even begin the paperwork, she had to publish a probate notice on the Supreme Court of NSW Online Registry stating her intention to apply for probate. 

“At first, I thought—why bother? But when I understood that this was a safeguard, it made sense.” 

What Trish Learned: 

1. It’s mandatory: Publishing a notice of intention to apply for probate is required by law

2. It ensures fairness: Anyone holding a newer will or potential claim has a chance to come forward 

This step ensures the probate process in NSW is transparent and legally protected. 

After Probate is Granted: Do You Still Need to Advertise?

After probate was granted, Trish thought she was done—but there’s an optional second step that many don’t know about: 

Publishing a post-grant notice to creditors and claimants. The same applies if you’re dealing with a Letter of administration instead of a grant of probate—this additional notice can provide important legal protection. 

“I didn’t realise this second notice wasn’t always required, but it gave me so much peace of mind.” 

What Trish Did: 

1. Published the post-grant probate notice in NSW

2. Confirmed that doing so protects the executor from personal liability for late creditor claims 

Case Study: A Costly Oversight

Trish almost skipped advertising entirely—until she heard about a case involving another executor, John. 

John didn’t advertise. Later, unknown creditors emerged, and because the estate was already distributed, he was held personally liable. 

 A $500,000 inheritance was reduced to $200,000 after court action and legal fees. 

“It was a wake-up call. Following the process suddenly didn’t feel like red tape—it felt like protection.”

Lessons Learned: Trish’s Advice for Future Executors in NSW 

• Don’t go it alone: “Having expert guidance meant I could sleep at night knowing every box was ticked.”

• Advertise early and correctly: “Even if it feels unnecessary, don’t risk it. That 'what if' moment is not worth it.”

• Know your legal duties: “I didn’t realise how serious being an executor was until I saw how fast things can go wrong.”

• Keep clear records: “Documenting everything helped avoid conflict and stress.”

Mastering the Probate Process in NSW—With Confidence  

You don’t have to become a legal expert overnight. Like Trish, you deserve compassionate support and reliable advice. With our help, you’ll navigate the full NSW probate process—including advertising requirements—with confidence and clarity.