Probate · Sydney & NSW

Applying for a grant of probate in NSW

We help executors apply for a grant of probate: we prepare the documents, file the application with the Supreme Court of NSW and answer any questions the Court raises. You can meet us at our office in Marrickville, in Sydney's Inner West.

Make an enquiry Call (02) 9557 9000

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How we can help

The basics

What a grant of probate is

A grant of probate is a legal document issued by the Supreme Court of NSW. It authorises the executor named in the will to manage and distribute the estate of the person who has died: to collect the assets, pay the debts and distribute the inheritances.

Probate is usually required when the estate contains assets that cannot be accessed or transferred without it, such as real estate in the deceased person's sole name or a share held as tenants in common. It is not needed in every case. For example, property owned as joint tenants passes automatically to the surviving owner, and some banks and other asset holders release smaller amounts without a grant.

For a fuller explanation, read what probate is and when you need it. This page explains how we prepare and file the application for you.

Not sure if you need probate?

Call us on (02) 9557 9000 or send us an enquiry. We explain each step in plain English and take care of the paperwork with you.

Step by step

How we prepare and file the application

We prepare the documents and file them with the Supreme Court of NSW for you. The Court takes longer to deal with documents that are incomplete or unclear, so we first help you gather what it needs.

Step 1: Gather the documents
The original will (and any codicils), the death certificate, and details of the estate's assets and debts.
Step 2: Prepare the application
The summons for probate, the executor's affidavit and an inventory of the estate's property.
Step 3: File the application and the notice
Most applications must be filed online through the NSW Online Registry, with the Court's filing fee, which depends on the value of the estate. When the application is submitted, a notice of the intended application is published automatically on the Online Registry. The law requires at least 14 days' notice, so that creditors can send in their claims and anyone who may want to challenge the will is on notice. The original will is lodged with the Court, which keeps it.
Step 4: Requisitions and the grant
A Court registrar reviews the application and may ask for more information or corrections (a requisition), which must be answered. Once the registrar is satisfied, the Court makes the grant, giving the executor authority to deal with the estate.

If the application is filed more than six months after the death, the Court needs an explanation for the delay.

How long it takes. The Court stage, from filing the application to the grant, depends on how many applications the Court is dealing with and whether it raises any requisitions. It always includes the 14-day notice period. The Supreme Court publishes its current processing times for probate applications, and these change regularly. Administering the estate after the grant takes longer (see estate administration). Executors usually wait until at least six months after the death before distributing. Once we have seen the will and a list of the assets, we can give you an estimate of the timing for your matter.

Other situations

When there is no will, or the will is challenged

Letters of administration

Where no will exists, or the will is invalid, the Court may issue a grant of letters of administration instead of probate. This gives someone, usually a close family member, the authority to manage the estate. Letters of administration are also granted where there is a will but no executor who is able and willing to act. We can help with the application and with administering the estate afterwards.

Challenging a will after probate is granted

Disputes sometimes arise even after a grant has been made. We help clients who want to contest the validity of a will because of concerns about fraud, undue influence or the will-maker's mental capacity, and we act for people defending a will. A challenge after the grant can involve court applications and hearings, so it is generally better to raise concerns before probate is granted. See contesting a will.

Certain people, such as a spouse, de facto partner, child or dependant, can ask the Court for a share, or a larger share, of the estate. This is called a family provision claim. It must generally be made within 12 months of the death, whether or not a grant has been made. If you are an executor and think a claim is likely, talk to us before you distribute anything.

Costs

What a grant of probate costs

There are usually three parts.

Court fees

The Supreme Court's filing fee depends on the value of the estate, and there is a fee to publish the online notice. Current amounts are on our probate fees page.

Legal costs for obtaining the grant

In NSW, the legal costs a law practice can charge for the work of obtaining a grant of probate, such as preparing and filing the documents and answering requisitions, are fixed by regulation and depend on the value of the estate. GST, Court fees and other out-of-pocket expenses are charged on top.

Other work

Administering the estate after the grant, such as collecting the assets, dealing with property and distributing the estate, is charged separately and depends on the estate and how much help you need. So is some work before the grant that the fixed costs do not cover, such as tracking down assets or arranging valuations.

Before we start any work, we give you a written estimate of our costs and explain what is included.

Questions

Common questions about applying for probate

Do I have to go to court?

Usually not. Uncontested applications are decided by a Court registrar on the documents filed, so you don't normally need to attend. If the will is disputed, the matter may go before a judge.

Can I apply for probate myself?

Yes. An executor can apply without a lawyer through the NSW Online Registry, and the Supreme Court publishes guides on how to do it. A solicitor can help where the will or the estate is not straightforward, for example if the original will is missing, an executor will not act, or someone may challenge the will.

The executor named in the will doesn't want to act. What now?

An executor can renounce (formally give up) the role, but only before a grant is made and only if they have not already dealt with the estate's property. Another executor named in the will, or a beneficiary, may then be able to apply. An executor who does not want to act can also appoint NSW Trustee and Guardian, or a private trustee company, to act in their place.

What if we can only find a copy of the will?

The Court needs the original will if it can be found. If the original has been lost, the Court can sometimes grant probate of a copy, but more evidence is needed, for example to show that the person did not destroy the will to cancel it. These applications are treated as complex, so they take longer.

I live interstate or overseas. Can I still be the executor?

Yes. An executor who lives outside NSW, including overseas, can apply for probate. The Court needs an address in NSW where documents can be served. If a solicitor acts for you, this is the solicitor's office.

Guide
Probate overview
What probate is and when you need it.
Service
Letters of administration
When there is no will, or no executor who can act.
Service
Estate administration
Help for executors after the grant is made.
Fees
Probate fees
Current Supreme Court filing and notice fees.
Service
Contesting a will
Family provision claims and disputes about a will.
Official
Supreme Court of NSW: probate (opens in a new tab)
Forms, guides and current processing times.

Talk to us

Ask us about a grant of probate

Tell us a little about the estate and what you need help with. We will contact you to talk about the next steps.

Call (02) 9557 9000

If something is urgent, such as a property sale due to settle, please call us during office hours.

Send an enquiry

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What happens next

We read your enquiry and contact you to talk about what the estate needs.
If you would like us to act, we give you a written estimate of our costs before any work begins.
We arrange a time to go through the will and the other documents with you.

Our office

Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204

Get directions (opens in a new tab)

Opening hours

Monday to Friday: 9:00am to 5:00pm

Getting here

You can drive up to Level 3, and two hours' free parking is available at the Wicks Place car park, 186 Victoria Road.

Applying for a grant of probate in NSW

What a grant of probate is

Not sure if you need probate?

How we prepare and file the application

Step 1: Gather the documents

Step 2: Prepare the application

Step 3: File the application and the notice

Step 4: Requisitions and the grant

When there is no will, or the will is challenged

Letters of administration

Challenging a will after probate is granted

What a grant of probate costs

Court fees

Legal costs for obtaining the grant

Other work

Your solicitor

Christine Manolakos

Common questions about applying for probate

Do I have to go to court?

Can I apply for probate myself?

The executor named in the will doesn't want to act. What now?

What if we can only find a copy of the will?

I live interstate or overseas. Can I still be the executor?

Related services and guides

Probate overview

Letters of administration

Estate administration

Probate fees

Contesting a will

Supreme Court of NSW: probate (opens in a new tab)

Ask us about a grant of probate

Send an enquiry

What happens next

Our office

Opening hours

Getting here