Grant of probate application checklist (NSW Supreme Court)
Probate is the legal recognition of a will and the appointment of the executor. NSW probate applications are made to the Supreme Court of NSW Probate List. This checklist covers the standard process.
This is a 12-step checklist for applying for a grant of probate in the NSW Supreme Court Probate List. It covers the documents needed, the affidavits to file, and the registry process. Adapt for grants of letters of administration where there is no will.
The checklist
Confirm the executor's appointment
Identify the executor named in the will. Verify they are willing and able to act. Substitute executors apply if the primary executor cannot act.
Locate the original will
Locate the original will (not a copy). The original is required for the probate application.
Obtain the death certificate
Obtain a certified copy of the death certificate from the NSW Registry of Births, Deaths and Marriages.
Identify and value assets
Identify all assets of the estate — real property, bank accounts, superannuation, investments, personal effects. Obtain valuations.
Identify liabilities
Identify debts of the deceased — funeral expenses, unpaid bills, taxes, mortgages.
Publish the notice of intended distribution
Publish a Notice of Intended Distribution on the NSW Online Registry. Wait the prescribed period before distributing.
Draft the summons for probate
Draft the summons in the prescribed form for the NSW Supreme Court Probate List.
Draft the executor's affidavit
Draft the executor's affidavit setting out the assets and liabilities of the estate, the executor's appointment, and any other required information.
Draft the inventory of property
Prepare an inventory of property setting out all assets and liabilities at the date of death.
File the application
File the summons, affidavit, original will, and inventory with the NSW Supreme Court Probate Registry. Pay the filing fee.
Respond to any requisitions
The Probate Registry may issue requisitions seeking further information or amendments. Respond promptly.
Receive the grant
Once approved, the Registry issues the grant of probate. The executor can then administer the estate.
When this checklist applies
Use this checklist on every NSW grant of probate application. The 14-day notice period (after the Notice of Intended Distribution) is critical for limiting executor liability.
Common pitfalls
- Filing without publishing the Notice of Intended Distribution
- Missing the original will
- Inadequate asset valuations leading to requisitions
- Forgetting to address contingent liabilities
- Filing in the wrong court (small estates have a different process)
Run this checklist on a real matter
Quillio drafts NSW probate summonses, executor affidavits, and inventories of property in current Supreme Court format. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide. Adapt for letters of administration (no will) and for matters involving foreign assets or complex estates.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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