Probate in New South Wales
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Probate in New South Wales
Probate is a legal process where the Supreme Court of New South Wales confirms that a will is valid and grants the executor authority to administer the deceased person's estate. This includes distributing assets, closing bank accounts, and dealing with superannuation funds. The process in New South Wales is governed by the Succession Act 2006 (NSW).
When Is Probate Required?
Probate is generally required when the deceased held significant assets solely in their name. Banks, share registries and land registries typically will not release or transfer assets without a grant.
Probate may not be required when:
- All assets are held as joint tenants (they pass automatically to the surviving owner)
- The estate has minimal assets (some institutions may release small balances without a grant)
- Assets are held in a trust
Each institution sets its own threshold, so check with individual asset holders.
Your Role as Executor
As executor, you are responsible for administering the estate:
- Locating the will and arranging the funeral
- Obtaining the death certificate
- Identifying and valuing all assets and liabilities
- Applying for a Grant of Probate
- Notifying banks, insurers and other institutions
- Paying outstanding debts, taxes and funeral expenses
- Distributing remaining assets to beneficiaries
If multiple executors are named, they generally need to agree on major decisions. If you are unable or unwilling to act, you may renounce your role.
What If There Is No Will?
If a person dies without a valid will (known as dying “intestate”), the next of kin must apply for Letters of Administration in New South Wales instead of probate. The process is similar but may involve additional steps, such as proving your relationship to the deceased.
NSW Probate: Quick Reference
Court Fees
Nil – $7,099
Based on estate value
Timeline
4–8 weeks
Standard applications
Notice Period
14 days
Minimum required
Filing
Online
NSW Online Registry
Court Filing Fees
The Supreme Court of New South Wales charges filing fees based on the gross value of the estate located in NSW. The gross value includes assets such as bank accounts, real property, shares and accommodation bonds, but generally excludes superannuation and life insurance.
| Gross Estate Value | Filing Fee |
|---|---|
| Less than $100,000 | Nil |
| $100,000 – $249,999 | $921 |
| $250,000 – $499,999 | $1,250 |
| $500,000 – $999,999 | $1,918 |
| $1,000,000 – $1,999,999 | $2,555 |
| $2,000,000 – $4,999,999 | $4,258 |
| $5,000,000 or more | $7,099 |
Additional Costs
- Notice of Intended Application for Probate: $57
- Notice of Intended Distribution: $57
Note: Fees are set by the Supreme Court of NSW and are typically updated on 1 July each year. Fees shown are current as of 1 July 2025 and subject to change. Always confirm current fees with the court before lodging your application.
The Probate Process in New South Wales
Applying for a Grant of Probate in NSW involves several key steps. The process is governed by the Probate and Administration Act 1898, Part 78 of the Supreme Court Rules 1970, and the Succession Act 2006 (NSW).
- Locate the will and gather documents
Obtain the original will, death certificate, and identify all assets and liabilities of the estate located in NSW.
- Prepare the inventory of assets
Compile a comprehensive inventory of all estate assets and their values to determine the gross estate value for fee and filing purposes.
- Publish online notices
Lodge a Notice of Intended Application for Probate through the Supreme Court's online notice system. This notice must remain published for at least 14 days before the application can be filed.
- Complete the application
Prepare the Summons for Probate, supporting affidavits, and the draft grant with the inventory annexed.
- Lodge the application
Since August 2023, most uncontested applications must be filed online through the NSW Online Registry, along with the applicable filing fee.
- Court processing and grant
The Registrar reviews the application. If everything is in order, a Grant of Probate is issued, authorising the executor to administer the estate.
If there are any issues with the application, the court may issue a requisition requesting further information or corrections before the grant can be issued.
Required Forms for Probate in NSW
Since 2013, prescribed probate forms in NSW have been replaced with approved civil forms under the Uniform Civil Procedure Rules 2005. The key forms required include:
- Summons for Probate (Form 111): The primary application form for commencing probate proceedings.
- Affidavit of Executor: A sworn statement by the executor confirming details of the deceased, the will, and the estate.
- Draft Grant with Inventory: A draft of the grant of probate with an inventory of assets and liabilities annexed.
- Notice of Intended Application (Online): Published through the Supreme Court's online probate notices system for at least 14 days.
- Original Will and Codicils: The original will must be filed with the court.
- Death Certificate: A certified copy of the death certificate.
Additional affidavits may be required in certain circumstances, such as where there are alterations to the will, the will is informal, or the executor has renounced. Forms and checklists are available from the Supreme Court of NSW website.
Processing Times for Probate in NSW
The time it takes to obtain a Grant of Probate in NSW depends on the complexity of the application and the current workload of the Probate Registry.
- Notice period: A minimum of 14 days is required for the online notice before the application can be filed.
- Straightforward applications: Typically processed within 4 to 8 weeks from lodgement.
- Complex applications: If the Registrar issues requisitions or there are complications (such as missing documents or will disputes), the process may take 3 to 6 months or longer.
- Overall estate administration: While the grant itself may be obtained within a few months, full administration of the estate (including distributing assets) can take 6 to 12 months or more.
Executors should allow sufficient time for the process and ensure all documentation is complete and accurate to avoid delays. Working with an experienced probate lawyer can help expedite the process.
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After Probate Is Granted
Once the grant is issued, the executor can begin administering the estate:
- Notify asset holders: Present the grant to banks, share registries and other institutions to access assets.
- Pay debts and expenses: Settle outstanding debts, taxes, funeral costs and administration expenses.
- Lodge a distribution notice: Publish a notice of intended distribution and wait the required period (which varies by state). This protects the executor against unknown creditors or claims.
- Distribute assets: Once all debts are paid and notice periods have elapsed, distribute the estate to beneficiaries.
- Keep records: Retain all estate administration documents for future reference.
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Top questions about probate in New South Wales
What is Probate?
Probate is a legal document issued by the Court affirming that the Will of a deceased person has been verified and registered in the Court and that the executor named in the Will has been given the authority to administer the estate. Once the Will is verified by the Court, the Executor can administer the deceased’s estate by collecting the deceased’s assets, paying off any debts of the deceased, and ensuring that the remaining assets are distributed to the beneficiaries of the estate in accordance with the deceased’s wishes.
When is Probate necessary?
Whether probate is necessary will depend on the type, size and value of the assets comprising the deceased’s estate.
Probate will be necessary when the deceased leaves behind specific types of assets. For example, probate will be necessary to deal with real estate, money in bank accounts and shares solely owned by the deceased or joint owned by the deceased with another person as tenants in common.
If assets of the deceased are jointly owned as joint tenants, then on the death of one of the joint owners, the asset will automatically pass to the surviving owner. In such cases, there will be no need to apply for a Grant of Probate.
Some third parties will release an asset without the need for Probate. For example, some financial institutions may release without seeing a Grant of Probate if the amount held in the name of the deceased is minimal and there is no dispute between the deceased’s relatives.
Who can apply for Probate?
To apply for probate, a person must:
- over 18 years of age; and
- be the executor named in the Will.
Do you need a copy of the original Will to apply for Probate?
Yes, you will need a copy of the original Will to apply for Probate.
What happens if there is no valid Will?
If the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act, the deceased’s closest next of kin (eg spouse or de facto spouse) will need to apply for Letters of Administration.
Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.
If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'.
The process of applying for Letters of Administration is more complicated than applying for a Grant of Probate as involves some extra steps. For example, the spouse or de facto spouse will need to file an Affidavit detailing the efforts they made to locate the deceased’s Will.
How much does Probate cost?
Willed prides itself on price transparency. In this regard, Willed offer upfront fixed prices for a grant of probate. Our upfront fixed prices assume that the will is valid and uncontested and that the executor has all the necessary documentation to apply for a grant of probate. If this is not the case, additional fees may apply. Our fixed prices do not include court filing fees (which will depend on the value of the deceased estate) and disbursements. Contact us today to request a fixed price for a grant of probate.
When should you apply for probate?
In Victoria, New South Wales, Australian Capital Territory and Western Australia - an application for Grant of Probate must be made within six months of the death of the willmaker. In Queensland, there is no strict timeframe within which you must apply for probate but the court expects you to act swiftly and efficiently when applying for a Grant of Probate. In Tasmania, an application for Grant of Probate must be made within two years of the death of the willmaker.
If no probate application is made within these timeframes:
- you will need to provide an explanation to the Court for the delay.
- there is underlying risk that a creditor or other person may apply to have themselves appointed as executor of the estate in place of the executor named in the will.
How long does it take get a Grant of Probate?
The first step in applying for a Grant of Probate is to lodge notice of intention (advertisement) for a Grant of Probate with the Court. The advertisement must be published for at least 14 days before you can file an application for a Grant of Probate.
After the application for a Grant of Probate has been filed with the Court, it will take approximately 8 weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).
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