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Before you make a probate application in the Supreme Court of New South Wales, you must wait at least 14 days after the probate notice is published on the NSW Online Registry website. For more information, see
Applying for probate.
If you want to make a probate application, follow the steps in the guide on this page.
A Probate Application should be made within 6 months from the date of death. If an application is made later, an explanation for the delay must be provided in the Affidavit of Executor.
To make an application, you will need the following documents:
You should make extra photocopies of the documents for your own records. You
should consider getting certified copies of the original documents.
If you cannot locate the original will, you should get
If the will or the death certificate is in another language, it must be translated to English by a professional translator.
You will need the following forms to apply for probate:
You can get a copy of the forms:
When you fill in the form you should include:
You must ensure that the information contained in the summons is identical to the Affidavit of Executor.
Instructions: Instructions for filling out a Summons for Probate
Sample: Sample Summons for Probate (Form 111)
When you fill in the Grant of Probate form you should include:
You do not need to sign the probate form.
You must also attach a copy of the Inventory of Property to the probate.
You will need two copies of this document.
Instructions for filling out a Grant of Probate
Sample Grant of Probate (Form 112)
When you fill in the Inventory of Property you should include:
Property includes real estate, cash held in a bank account, furniture, valuable jewellery, antiques, paintings, cars and boats, and any other goods owned by the deceased.
When you have finished providing details of the property owned by the deceased, the Inventory of Property must be signed by the executor and the witness to the Affidavit of Executor.
Instructions for filling out an Inventory of property
Sample Inventory of property (Form 117)
When you prepare the Affidavit of Executor you should include:
When you have prepared the affidavit, you need to sign it in front of a prescribed witness (lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.
Instructions for filling out the Affidavit of Executor
Sample Affidavit of Executor (Form 118)If there is more than one executor named in the will, each executor will need to sign the affidavit and have it witnessed.
Instructions: Instructions for filling out the Affidavit of Executors
Sample: Sample Affidavit of Executors (Form 118)
When you have completed your forms, you must annex (attach) the following documents to the Affidavit of Executor:
You should attach the documents in the same order they are referred to in the affidavit.
You must write the words 'Annexure A' at the top of the first document. At the bottom of the document, you also need to write the following:
'This is Annexure A to the affidavit of [executor's name] dated [date of the affidavit]'
The witness must sign every annexure after they have witnessed the affidavit.
If an annexure has more than one page, you only need to write on the first page of the document but you should change the statement written at the bottom of the annexure to:
'This and the following [insert number of pages] pages is Annexure A to the affidavit of [executor's name] dated [date of the affidavit] '
On the next document write, 'Annexure B' and the statement at the bottom of the document and so on, in alphabetical order, until all of the documents are attached.
Check to ensure that each of your annexures have the same letter of the alphabet as they have in the Affidavit of Executor and that every page of the affidavit and annexures are signed by the executor and the witness.
If you want to keep the original death certificate, you should annex a certified copy of the death certificate to the Affidavit of Executor and file the original death certificate as a loose document. The court will return the original death certificate after a grant is made.
It is a good idea to keep a certified copy of the original death certificate before you file it with the court. Alternatively, you can also apply for a new Death Certificate from the NSW Registry of Births, Deaths and Marriages for a fee. If you want to apply for a new death certificate, go to the
NSW Registry of Births, Deaths and Marriages website.
The executor and the witness must both sign in the left hand margin of the original will and any codicils. This is called 'identifying' the will. You must not write anything else on the will or make any other changes to the will.
Make two copies of the will (and any codicil) after it has been signed.
You must file the following documents at the Supreme Court of NSW:
In addition to the above documents, you must also file two sets of copies of:
Staple each set of documents in the top left hand corner.
Make sure you keep a copy of all documents before filing with the court. The court will not return the original will.
Before you apply for probate, you must wait at least 14 days after the probate notice is published on the NSW Online Registry website.
If you are notified by the court that a caveat has been lodged, you should get
You must pay a filing fee if the gross value of the estate is more than $100 000. The filing fee varies according to the gross (total) value of the estate. If the gross value is more than $100,000 but less than $250,000, the filing fee is $772.00 (as at 1 July 2020).
For more information about the current filing fees, go to Schedule 1 of the Civil Procedure Regulation 2017 on the
NSW Legislation website.
If you cannot afford to pay the filing fee, you can apply for a waiver, postponement or reduction of the fee.
For more information, go to the
Supreme Court of New South Wales website.
The application must be filed:
For more information, go to the Supreme Court probate checklist on the
Supreme Court of New South Wales website.