Apply for probate correctly the first time.
We prepare and file probate applications in the Supreme Court of NSW for executors.
A grant of probate is a document from the Supreme Court of NSW.
It confirms the executor's authority to manage the estate under the will.
Most uncontested applications are now made and filed online.
Errors lead to requisitions from the court, and each one adds delay.
What a grant of probate does
- It authorises the executor named in the will to manage the estate.
- The executor shows it to banks, share registries and others holding estate assets.
- Those holders can then release or transfer the assets to the executor.
- It allows the executor to deal with real estate in the deceased's sole name.
If the will names no executor, or no executor can act, probate cannot be granted. A beneficiary may instead apply for letters of administration with the will annexed.
How to apply for probate in NSW
- Find the original will and any codicils. The original must be filed with the application.
- Obtain the death certificate.
- Publish a notice of intended application on the NSW Online Registry. The notice must name every executor who is applying.
- Wait at least 14 days after the notice. The summons for probate cannot be filed before then.
- Prepare the documents and file the application online.
- Answer any requisitions the court raises.
- Receive the grant.
A court filing fee applies.
Documents you need
- The original will and any codicils.
- The death certificate, original or certified copy.
- A summons for probate.
- An affidavit of the executor.
- An inventory of the property of the estate, annexed to the executor's affidavit.
Other documents may be needed. Examples are a renunciation by an executor who will not act, an affidavit from a witness where there is no attestation clause, or an affidavit explaining delay.
Time limits
An application should be filed within six months of the death. If it is filed later, the executor must explain the delay to the court in an affidavit.
The court publishes its current processing times. A request to speed up a grant may be made in appropriate circumstances, but not before the 14 day period has passed.
Collecting the assets
Once the grant is made, the executor can require banks and others holding estate assets to release them.
An executor cannot renounce probate once a grant has been made.
The executor then pays debts and tax and distributes the estate under the will.
Where executors get caught
The application is filed before 14 days have passed
The notice must be published at least 14 days before the summons is filed.
A name is misspelt in the notice.
Searches rely on the deceased's name. The applicant on the notice is the executor, not the solicitor.
The original will is stapled or altered.
The court asks for the original will to be filed separately and not attached to other documents. Marks on it may raise questions.
The application is filed after six months with no explanation.
The court requires an explanation for the delay.
A copy of the will is filed.
The court will not grant probate of a copy where the original's whereabouts are known.
Common questions
Where is the notice of intended application published?
On the NSW Online Registry website. This is the valid method of publication under the Supreme Court Rules.
Can I apply for probate myself?
Yes. Many executors do. The online forms must be completed correctly, and the court may raise requisitions.
What if one executor does not want to act?
That executor can sign a renunciation. Other documents may be needed if they do not renounce but will not join the application.
Is there a court fee?
Yes. A court filing fee applies. The Supreme Court lists its current fees on its website.
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