Applying for a NSW grant of probate
A grant of probate is a Supreme Court order confirming the validity of a will and authorising the executor to administer the estate. Standard applications in common form are usually determined on the papers.
This is an 8-step workflow for applying for a NSW grant of probate in common form under the Probate and Administration Act 1898 (NSW) and the Supreme Court Rules 1970 (NSW) Part 78.
Before you start
- Original will located
- Death certificate obtained
- Preliminary estate asset and liability list prepared
- Executor identity verified
The workflow
Publish notice of intended application
Publish a notice of intended application on the Supreme Court online registry at least 14 days before filing the probate summons.
Inspect the original will
Inspect the original will for signing, witnessing, alterations, and any staple or pinhole marks. Note any irregularities that need to be explained in the affidavit.
Draft the summons and grant
Draft the probate summons and proposed grant, matching the testator's name and details as they appear on the will and death certificate.
Draft the affidavit of executor
Draft the affidavit of executor setting out the applicant's identity, the circumstances of the will, any informal execution issues, and the inventory of property.
Prepare the inventory of property
Prepare an inventory of property showing the gross value of estate assets at the date of death — real estate, bank accounts, superannuation death benefits paid to the estate, shares, and personal effects.
Address any irregularities
Address any irregularities in the will with supplementary affidavits — attesting witnesses' affidavits, evidence of testamentary intention, or informal will evidence under s 8.
File through the online registry
File the summons, affidavit, inventory of property and supporting material through the Supreme Court Online Registry. Pay the filing fee (scaled by estate value).
Respond to registry requisitions
Respond promptly to any requisitions from the probate registry. Once the grant is made, collect the sealed grant and begin administration.
What you will have at the end
A sealed grant of probate in common form that authorises the executor to administer the estate, call in assets, and distribute in accordance with the will.
Common issues
- Missing the 14-day notice of intended application period
- Not explaining staple marks or alterations on the will
- Under-valued inventory of property that triggers a requisition
- Overlooking the need for s 8 evidence for informal wills
- Filing before the death certificate is issued
Run this workflow on a real matter
Quillio drafts the probate summons, executor affidavit, and inventory of property from the testator's records and estate asset list. See /practice-areas/wills-estates-lawyers or start a free trial.
This workflow is a general guide for NSW common form probate. Contested grants and other jurisdictions have different procedures.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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