How to apply for a grant of probate in NSW
A grant of probate in NSW is the legal recognition of a will and the formal appointment of the executor. The application is made to the Supreme Court of NSW Probate List using a summons and supporting affidavits. The process typically takes 4-8 weeks if uncomplicated.
The framework
NSW probate is governed by the Probate and Administration Act 1898 (NSW) and the Supreme Court Rules 1970 (NSW). Applications are made to the Supreme Court of NSW Probate List.
The process
Locate the original will
Find the original signed will (not a copy). Check with the deceased's solicitor, bank safe custody, and home.
Obtain the death certificate
Order a certified copy of the death certificate from the NSW Registry of Births, Deaths and Marriages.
Identify and value assets
Identify all assets owned by the deceased at death — 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 the Notice on the NSW Online Registry. Wait the 14-day period before applying for probate.
Draft the summons
Draft the summons in the prescribed form for the Supreme Court of NSW Probate List.
Draft the executor's affidavit
Draft the executor's affidavit setting out assets, liabilities, the executor's appointment, and other required information.
File the application
File the summons, affidavit, original will, and inventory of property with the NSW Supreme Court Probate Registry.
Respond to any requisitions
The Probate Registry may issue requisitions seeking further information or amendments. Respond promptly.
Receive the grant
Once approved, the Probate Registry issues the grant. The executor can then administer the estate.
Common mistakes
- Filing without the original will
- Inadequate asset valuations leading to requisitions
- Filing before the 14-day Notice of Intended Distribution period
- Missing contingent liabilities in the affidavit
- Forgetting that small estates have a different process
Get this process right with Quillio
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 guide is general information about NSW probate applications. Adapt for letters of administration, contested matters, and complex estates.
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