Yes, that's exactly what it means.
The Grant of Probate is the (so to speak) "transaction" that appoints the executor.
Merely being nominated in the will is not enough.
Having been the holder of a Power of Attorney is not enough.
Being a particular next of kin is not enough. There is no enforceable right for any one relative to be an executor
(so, for example, a cultural tradition that an eldest son becomes executor has no legal weight).
Ummmm, no.
While every valid will has a nominated executor,
that person does not automatically take office at the moment of death.
They are appointed by the court, upon application.
(which means, yes, there can be disputes about it...)
There are lots of reasons why a will may not have an executor.
For example, the nominee...
- might have predeceased the testator; or
- become incapacitated through illness (not limited to dementia); or
- is not willing to do it; or
- had become estranged from the deceased before the death; or even
- might not be aged 18 or older at the time of the death.
A person who is not nominated in the will (or purported will) can apply for a Grant of Probate.
That said, there are some conditions attached - it can't be just anyone.
As to "limitation periods" - not as such.
Apart from the common law principle of the "Executor's Year",
there is no time limit in NSW of the kind you are suggesting.
