A Guide to Probate in NSW

When a resident dies in New South Wales, the person named as the Executor to the Will is required to apply for a Grant of Probate in order to distribute the deceased’s estate accordingly.

We’ve provided a complete guide explaining how to apply for a Grant of Probate in New South Wales outlining your responsibilities as an applicant.

Documents required to submit a Grant of Probate application in New South Wales

The following documents are required (but may not be limited to), for filing a Grant of Probate application in New South Wales:

• Summons for Probate (Form 111)
• Grant of Probate (Form 112)
• Inventory of Property (Form 117)
• Affidavit of Executor (Form 118)
• the Will – including Codicils
• Death Certificate.

The Process – Guidelines for Filing in New South Wales

In New South Wales, applicants must wait a minimum of 14 days after the probate notice is published on the NSW Online Registry. This is the responsibility of the Executor to the Will and is also called a ‘Notice of intended application’.

A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as per their directions outlined in their Will.

An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court of New South Wales to the original applicant (Executor to the Will).

How long do I have to file?

The Executor to the Will must file an application for a Grant of Probate within 6 months of the deceased’s date of death.

Exemptions only apply where a reasonable explanation for a delay can be provided.

How to Apply

1. Obtain the forms outlined above from either

• The Supreme Court of NSW Registry, or
• The Uniform Civil Procedure Rules website – (UCPR)

2. Fill in the information required on the following forms:

• Summons for Probate
• Grant of Probate, and
• Inventory of Property

3. Prepare the Affidavit of Executor and attach (annex), the Death Certificate and Inventory of Property.
4. File your fully completed application with the Supreme Court of New South Wales either in person or by mail.

How much does the application cost?

Fees associated with applying for a Grant of Probate in NSW include:

• A Notice of intended application fee, and
• A filing fee to submit an application to the Probate office

The filing fee will be based on the gross value of the estate. Further information regarding specific fees can be found here.

When can I expect a response or result regarding my application?

While Grant of Probate processing times vary, you should expect to receive your Grant of Probate within 2-6 weeks of filing.

These processing timeframes are an approximate estimate and are indicative of the average waiting periods for applications in New South Wales.

Requisitions from the Court

If there are any issues with your application, you’ll receive a written requisition from the Court explaining the problems and how to rectify them.

It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.

Reach out to us today to book a free consultation for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice