Grieving is one of the most difficult periods of one’s life. Nobody wants to be talking about the Will, its validity or estate administration at this time. Yet, being an executor, this is a responsibility the deceased put on you, and you have to shoulder it with great care. To make things a little easier, here is a comprehensive blog that explains the Probate process. From how to apply for Probate in NSW to the actions taken after the Grant of Probate, you will find answers to most of your Probate-related queries here. So, keep reading until the end.
What Is a Grant of Probate in NSW?
A Grant of Probate is the document issued by the Supreme Court of NSW to confirm that the Will is the last valid Will of the deceased, and it gives the executor the legal authority to manage the estate. Only the executor named in the Will can apply for it. It is usually needed when the deceased owned property in their own name, or when a bank or another asset holder will not release funds without it. And if there is no Will at all, the next of kin applies for Letters of Administration instead.
Step-by-Step Process for a Grant of Probate in NSW
Being an executor, you should apply to the Supreme Court of NSW within six months from the date of death, following the Probate and Administration Act 1898 and the Supreme Court Rules 1970. If you apply later, the affidavit has to explain why.
1. Gather the Documents
Start by collecting these:
- The original Will and any codicils, which are separate documents that change the Will
- The death certificate, either the original or a certified copy
- The deceased’s full name, last address and date of death
- Details of the assets in NSW
- Names of the executors, beneficiaries and the witnesses to the Will
The Will must have been signed in front of two witnesses present at the same time. If it was not, the court can still accept it in some cases, but that is a matter for legal advice.
2. Register Online
Create an account on the NSW Online Registry and log in to the Probate Service, since the application is completed online and the fees are paid there by credit card. If you have no internet access or no credit card, the Supreme Court registry can help you in person.
Publish the Notice
The Notice of Intended Application goes online when you start the application, letting creditors, beneficiaries and anyone else with an interest in the estate know that you intend to apply. You cannot file for 14 days from the date of publication. Anything filed sooner is rejected.
4. Prepare the Forms
Once you answer the online questions, the Probate Service prepares the court forms that you then download and print:
- Summons for Probate (Form 111)
- Inventory of Property (Form 117), which lists the assets of the deceased
- Affidavit of Executor (Form 118), your formal statement in support of the application
It is important to compare every detail with the Will before printing, because errors in these forms can lead to requisitions.
5. Sign the Forms and Will
You have to sign the forms in presence of a lawyer or a Justice of the Peace, who will verify your identity. The same person and you, as the executor, also sign the left margin of the first page of the original Will and any codicil. Nothing else should be written on the Will.
6. Upload and Pay the Fee
Now upload the signed forms to the Probate Service, with the death certificate attached to the Affidavit. A filing fee applies when the gross value of the estate is $100,000 or more, and it increases with the value, so check the Supreme Court website for the current figure and be sure to save the receipt.
7. Lodge the Original Will
Next comes the original Will, which, along with any codicils, must be posted or delivered to the Supreme Court registry with a covering letter showing your case number. Copy everything before it goes, because the court keeps the original Will and does not return it.
8. Court Review and Grant
A Registrar reviews the application outside open court, so you do not have to attend. If everything is in order, the court grants Probate and sends you an email. Timing depends on the court’s workload, and its website shows current processing times, with routine applications recently assessed within a few weeks of filing.
9. After the Grant
After the Grant is issued, you can start administering the estate. You collect the assets first, then settle the debts, taxes and funeral expenses, and whatever remains goes to the beneficiaries as the Will directs. Keep a record of every payment, since you will need it when reporting to the beneficiaries. You can also publish a Notice of Intended Distribution on the NSW Online Registry, though this is not mandatory.
What If the Court Raises Concerns Regarding the Probate Application?
An application that is incomplete or has mistakes will receive a requisition from the court by email, which is a request for more information, documents or corrections. You answer it by re-filing a form or by filing an affidavit, and until that is done, probate is not granted. The court may also raise further requisitions if the answer is not enough. If you do not respond, or do not ask for more time, the application can be dismissed.
Uncertified death certificates, affidavits that were not properly taken, and photocopies of the Will filed without supporting evidence are common causes. So, check every document before you file.
Concluding Words
The Probate process in NSW has multiple steps, and many delays start with errors in the application. At Australian Probate Centre, our probate lawyers prepare, check and lodge your application so that you do not have to deal with the court forms yourself, and we can also guide you through the steps after the Grant, including distributing the estate. We offer a free consultation and a fixed fee quote, with zero upfront costs and payment only upon completion. Call us on 1300 720 706 and request a free consultation.