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This section has information about resealing a grant of probate or letters of administration obtained from a Court in an Australian state or territory outside of New South Wales or from a Court in certain Commonwealth countries.
If the deceased owned property in New South Wales, and you have obtained a grant of probate or administration outside of New South Wales, you will need to apply to the Supreme Court of New South Wales to reseal the grant before you can deal with the property in New South Wales. The original grant of probate or letters of administration can be resealed in the Supreme Court of New South Wales. This means that the grant will be recognised in New South Wales and you can administer the deceased's estate in New South Wales.
Not all grants from other countries can be resealed by the Supreme Court of New South Wales. The court will only reseal grants made in countries of the 'Commonwealth Realm' where the Queen, Her Majesty Queen Elizabeth II, was the Head of State at the time of the grant. This includes New Zealand, Papua New Guinea, Solomon Islands and countries within the United Kingdom; Scotland, England, Northern Ireland and Wales.
Before you file your application, you should get
legal advice or check with the Supreme Court Probate Office if you are unsure whether the grant you have obtained from another Commonwealth country can be resealed in NSW.
The Supreme Court of New South Wales will only reseal a grant if the deceased owned property in New South Wales.
If you live outside of New South Wales, you may choose to appoint a power of attorney in New South Wales to make an application on your behalf.
Before you apply to the Supreme Court of New South Wales to reseal a grant of probate or letters of administration you must first publish a notice on the NSW Online Registry website. This is also called a 'Notice of intended application'.To publish a 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 to publish a notice. 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:
Once you have published your notice you have to wait at least 14 days.
If you have made a mistake after the notice has been published, you must contact the Supreme Court of New South Wales to correct it. You will need to wait another 14 days from the time the notice has been corrected before you can file your application.
Sample online Notice of Intended Application (Form 116) - Reseal
After you have published the notice of intended application on the NSW Online Registry and you have waited at least 14 days, you can apply to the Supreme Court of New South Wales for reseal. To reseal a grant you will need to file the following documents in the Supreme Court of New South Wales:
Depending on the value of the NSW estate, you will also need to pay a filing fee. After you have filed your application and paid the fee, the registry will check the application is complete and may send you requisitions by post if they need more information.
If your application is complete and correct, the Registrar will reseal the grant and the registry will send the resealed grant to you in the self-addressed envelope.
If a caveat has been lodged at the time of filing your application, you should get
Step by step guide: Resealing a grant in New South Wales.
State Library NSW - Rest assured: a legal guide to wills, estates, planning ahead and funerals in NSW
NSW Trustee and Guardian
Supreme Court of NSW