Frequently asked questions about Probate in New South Wales
If you can’t find your answer in our FAQ, please feel free to reach out. We’re here to answer your questions and to make navigating probate as easy as possible for you.
Probate is the Supreme Court of NSW’s official recognition of a will as legally valid in NSW.
A grant of probate is a Supreme Court document that acknowledges the validity of the last will of the deceased and verifies the executor’s authority to deal with the deceased estate.
Whether probate is necessary depends on the size and value of the assets held in NSW – There’s not always a statutory requirement.
Probate is required in NSW when the deceased owns:
- Land or a house;
- Accounts in any bank exceeding $50,000;
- Shares worth over $15,000; or
- Substantial superannuation.
The Court’s fee is dependent on the gross value of assets and estate in NSW, which we have broken down for you on our Cost of Probate page.
The executor should apply for probate within six months from the death of the will-maker.
If there’s a delay in lodging probate, the Court will require a reasonable explanation in an Affidavit of Delay.
It’s highly recommended to apply as soon as possible to prevent delays and complications.
Engaging a solicitor will also help tackle any obstacles during the application process.
Speak to one of our probate experts about lodging a probate application in NSW here, or call us on 1300 0202 89.
After a Probate Notice of your intention to apply for probate in NSW has been published, 14 days must lapse before the application can be submitted to the Supreme Court of NSW for processing.
On average, the Supreme Court of NSW generally takes up to 20 working days to process the application.
However, COVID-19 restrictions and/or increased workloads may result in delays.
We’ve outlined an indication of the processing times for you here.
Applying for probate involves ten steps:
- Prepare your documents;
- Receive the supporting forms;
- Fill in the Summons for Probate;
- Fill in the Grant of Probate;
- Fill in the Inventory of Property;
- Prepare the Affidavit of Executor;
- Attach the documents to the Affidavit of Executor;
- Sign the margin of the will;
- Apply to the Supreme Court of New South Wales;
- Reply to requisitions from the court.
A valid will must include the following:
- Written or typed;
- Signed by the will-maker;
- Attested by at least two witnesses; and
- Dated.
If you think a will is invalid or doesn’t include all the requirements, you can speak to one of our experts here, or call us on 1300 0202 89.
If the deceased made a will, you may be able to locate it:
- At their home;
- In possession of a family member;
- With their solicitor; or
- With their bank.
If you are unable to find the will, you will have to continue as if the deceased did not leave a will.
It is likely that you will also have to prove that no one has intentionally destroyed it.
When you only have a copy, you can still obtain probate by providing an affidavit in the application outlining details of why there is a missing will.
Nonetheless, it is a complex situation where our experts at NSW Probate can help you.
If the deceased did not leave a will, you can file a Letters of Administration court order which allows the Administrator (the person appointed by the court), after approval, to proceed with dividing the assets.
It’s best to speak to us directly about the next steps.
The executor’s commission is an estate payment as compensation for administrating the estate.
Please contact us to learn more about the specifics.
If the deceased only owned joined assets, there is no need to apply for probate.
In all other situations, probate is required to transfer the deceased estate.
Have a look at our guide as to who can apply for probate and the process.
No, you have the option to renounce your role as executor and it is best to do so as soon as possible.
Please contact our expert solicitors to assist you with this.
You may be asked by asset holders such as banks to provide a copy of the grant of probate to eliminate any liabilities and then release the assets.
An authorised signature from a solicitor can certify the copy of the grant.
Generally, executors have 12 months from the date of the will-maker’s death to distribute the estate.
However, there are certain circumstances where the executor may have been delayed and cannot do so within the time frame.
We offer a 15-minute free consultation to help you with your case.
These notices are sent to the Court to announce the executor’s intentions publicly to make it known for interested parties, such as estate creditors and litigants.
An Enduring Power of Attorney is a legal document that allows you to appoint a person to manage and make personal decisions on your behalf (including health and/or financial matters).
An Enduring Power of Attorney ceases upon death. Therefore, a Grant of Probate is required to verify an executor’s authority to manage the deceased estate.
An Enduring Power of Attorney ceases upon the death of the principal.