​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Applying for probate

This section has information about applying for probate.

Probate is a court order made by the Supreme Court of NSW which confirms that the will of the deceased is valid and gives permission to the executor to distribute the estate as described in the deceased person's will.

If you are an executor named in a will you must apply for probate if there is real estate owned in the deceased's sole name or as tenants in common with another person, or if any asset in the estate cannot be transferred without probate. The deceased's property cannot be distributed until you apply for and are granted probate by the Supreme Court of NSW.

Icon - alert  If you are named as an executor in a will, you should apply for a Grant of Probate at the Supreme Court of NSW within 6 months from the date of death of the deceased, unless there is a reasonable explanation for the delay.

Icon: Hint  If the deceased died without leaving a will, you will need to apply for letters of administration rather than probate. For more information, see Applying for letters of administration.

Icon: Hint  If the deceased did have a will but there is no executor named or the executor is unable or unwilling to act, then a beneficiary may need to apply for letters of administration with the will annexed. For more information, see Applying for letters of administration.

There are a number of steps you must take before the court will grant probate:  ​

    ​​​​​​​Publish a probate notice

    Before you apply to the Supreme Court of New South Wales for probate, you must first publish a probate notice on the NSW Online Registry website. This is also called a 'Notice of intended application'.

    To publish a probate notice on the NSW Online Registry website you must register an account.

    For more information or to register online, go to the NSW Online Registry website.

    There are fees for publishing which are payable by credit card.

    If you do not have access to the internet or if you do not own a credit card, you may file the form and pay the fee at the Supreme Court registry in person or by post.

    Before you publish the notice on the NSW Online Registry website, you will need the following information: 

    • the full name of the deceased 
    • the last address the deceased 
    • deceased person's will or any codicil (a separate document that makes changes to a will) 
    • the death certificate 
    • whether the deceased left any assets (property) in New South Wales 
    • full name of the executor named in the will. If more than one, names of all executors 
    • an address for notices to be sent

    Icon - sample/instructions   Sample online Notice of Intended Application (Form 116) - Probate

    Wait 14 days

    Once you have published your notice you have to wait at least 14 days before you file your application for probate.

    Icon - alert  If you have made a mistake in the notice, you must contact the Supreme Court of New South Wales to correct it. You may need to re-publish the notice. You will need to wait another 14 days from the time the notice has been corrected before you can file your application.

    Make a probate application

    After you have published the notice of intended application for probate on the NSW Online Registry and you have waited at least 14 days, you can apply for probate. To apply for probate you will need to file the following documents at the Supreme Court of New South Wales: 

    • Summons for Probate 
    • Probate 
    • Inventory of Property 
    • Affidavit of Executor 
    • the will (including codicils) 
    • Death Certificate.

    You will also need to pay a filing fee and provide the court with a stamped, self-addressed A4 envelope.

    After you have paid the filing fee and filed your application, the registry will check the application is complete and may send you requisitions by post if additional information is required. If your application is complete and correct, the Registrar will make a Grant of Probate.

    Icon - alert  If someone challenges the validity of the will, you should get legal advice.

    Icon - alert  The court may require you to publish another notice of intended application if it has been more than 6 months since you have published the notice of intended application on the NSW Online Registry.

    Icon: Page with numbered list   Step by step guide: Making a probate application

    Respond to Requisitions from the court

    If your application is incomplete or incorrect, you will receive a written requisition from the court which explains the problems with your application.

    You will need to either re-file a form or file a separate affidavit to answer the requisition and attach a copy of the requisition to your affidavit.

    The court will not grant you administration until you have answered the requisition. The court may raise further requisitions if the court is not satisfied with your response.

    Your application may be dismissed if you fail to respond to the requisition or if you do not ask for more time to respond to the requisition.

    Icon - alert  If you do not understand the requisition or if you are not sure how to respond, you may ask the Supreme Court registry or get legal advice.

    Icon - sample/instructions   Sample requisitions from the court - Probate

    After the grant

    If there are no problems with your application and documents, and after any requisitions are finalised, probate should be granted. You do not need to attend court as the court Registrar will normally do this in Chambers (not in open court).

    For more information about what to do once probate has been granted, see After probate or administration.

    Executors not able to act

    In some situations, there may be problems with applying for a grant of probate where the executor appointed in a will is:

    • a minor (under 18 years of age) 
    • mentally or physically incapable of managing his or her affairs 
    • unwilling or unable to act 
    • outside the jurisdiction (not living in NSW).

    For more information about issues with executors, see Executors not able to act

    Case study

    ​​Case study iconCase study - Probate application for the estate of the late Isabella Rose

    Isabella died on 21 June 20XX while on holiday in Canada. 

    ​Isabella's last will was made on 1 November 20XX. Isabella appointed her husband Edwin James Rose and her brother Rodi De Grasse as the executors of her will.

    Isabella left all of her real and personal estate to her husband. Isabella owned a property in joint names with her husband. Isabella held a separate investment account in her own name.

    Isabella and Edwin did not have any children.

    Following Isabella's death, Rodi decided that he did not want to act as an executor and filed a renunciation of probate with the Supreme Court.​​