What is The NSW Probate Process and How Long Does Probate Take in NSW?
The Probate Timeline
The overview below indicates the steps required in the NSW probate process from start to finish in order to obtain Grant of Probate, including the approximate time frames for each step.
Obtain death certificate
Obtain death certificate
Objection Period
Drafting the Application and Filing Court Documents
Receiving Probate
Obtain death certificate
To obtain the original death certificate of the deceased, an application to the Registrar of Births Deaths and Marriages is required. A photocopy is not sufficient.
Obtain death certificate
A notice of intention to apply for Probate is to be published on the NSW Probate Registry Website.
Objection Period
After publication, the Probate Notice needs to be served on the Public Trustee of NSW.
Drafting the Application and Filing Court Documents
New South Wales Probate will prepare, have signed and file the following documents in the Supreme Court of NSW:
- Summons for Probate (Form 111)
- Grant of Probate (Form 112)
- Affidavit of Executor (Form 118) exhibiting an original death certificate and the Inventory of Property (Form 117)
- The original Will – including Codicils
Anyone claiming to have an interest in the estate can file a caveat in the Supreme Court of NSW to object to the Grant of Probate (objection). If they have evidence, the Court won’t make the Grant of Probate until the claim is resolved.
If a caveat is filed, the Registrar of the Supreme Court sends a notice to the person lodging the caveat and to the executor about the matter. When this occurs, it is no longer a simple Probate matter and specific legal advice needs to be sought.
Fortunately, objections only occur in about 1.5% of all Probate matters.
Receiving Probate
Once the application for Probate has been lodged to the Supreme Court of NSW, Probate will be processed within approximately 20 working days (4 weeks), depending on the Supreme Court’s workload at the time of submission.
If there are any problems, the Supreme Court will issue a notice of requisition that must be answered before the application is granted.