Probate · Sydney & NSW
Probate is the Supreme Court confirming that a will is valid and that the executor can deal with the estate. From our Marrickville office, we help executors check whether it is needed, prepare the application and work through each step.
4.9★
As at October 2026
30+
years in legal service
Supplied by CM Lawyers, October 2026
Google rating as at October 2026. Years in legal service supplied by CM Lawyers.
Is this you?
People usually contact us when one of these applies.
You need to know whether a grant is needed and what to do first.
A close relative may need to apply for letters of administration instead of probate.
The executor may be able to step aside, and someone else may need to apply.
Some organisations need to see a grant before they release money or transfer assets.
Property in the person's sole name usually needs a grant first.
A missing, informal or disputed will needs more care and more evidence.
The basics
A grant of probate is an order of the Supreme Court of NSW. It confirms that the will is valid and gives the executor named in the will authority to deal with the estate: to collect the assets, pay the debts and distribute what is left to the beneficiaries under the will.
If there is no will, or no executor who is able and willing to act, the Court can instead grant letters of administration to an eligible person, such as the surviving spouse, another close relative or a beneficiary named in the will.
Since 1 August 2023, most uncontested applications must be filed online through the NSW Online Registry. A Court registrar decides them on the documents filed, so in most cases nobody needs to go to court.
Does it apply to you?
Not always. Whether a grant is needed depends on what the person owned, how they owned it and what each bank or organisation requires. There is no rule that probate must be obtained in every case.
Not sure? Call us on (02) 9557 9000 or send us an enquiry.
Step by step
These are the usual steps when there is a will and nobody is disputing it. Steps 1 to 6 lead to the grant. Step 7 is administering the estate.
Locate the original will and any codicils (later changes to it). The Court needs the original and keeps it. You will also need the death certificate.
Work out what the person owned and owed. The application includes an inventory of property that describes each asset clearly, such as bank account details, property addresses and shareholdings, and states the estate's gross value.
The main documents are the summons for probate, the executor's affidavit and the inventory of property. The executor signs the affidavit in front of an authorised witness, such as a solicitor or a justice of the peace.
The application is filed through the NSW Online Registry and the Court's filing fee is paid. When it 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 then sent to the Court, by post or in person.
If the application is filed more than six months after the death, the Court needs an explanation for the delay.
A registrar reviews the application. If something is missing or needs correcting, the Court sends a requisition, which must be answered before the grant can be made.
Once the registrar is satisfied, the Court makes the grant of probate. The executor can then show banks, share registries and others that they have authority to deal with the estate.
The executor collects the assets, pays the debts and expenses, and then distributes the estate under the will.
To have the protection the law gives executors against later claims, an executor usually publishes a notice of intended distribution on the Online Registry, giving at least 30 days' notice, and does not distribute until the notice period has ended and at least six months have passed since the death.
Certain people, such as a spouse, 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, and it can generally be made up to 12 months after the death.
Where there is no will, the steps are similar but the application is for letters of administration. If you would like us to do the work, see how we apply for a grant of probate.
Timeframes
There are two different timeframes, and it helps to keep them apart.
The Court stage, from filing the application to the grant, depends on how many applications the Probate Registry is dealing with and whether it raises any requisitions. It always includes the 14-day notice period. Current processing times are published on the Supreme Court's probate page and change regularly.
Administering the estate, which means collecting the assets, paying the debts and distributing to the beneficiaries, takes longer. Executors usually wait until at least six months after the death before distributing (see step 7), and some estates take considerably longer.
Once we have seen the will and a list of the assets, we can give you an estimate of the timing for your matter.
The Court deals with complex applications, such as informal wills and copies of wills, separately, and they usually take longer.
What to prepare
Bring what you have. You don't need everything before we meet.
We will tell you what else is needed before the application is filed.
Costs
The cost of probate has three parts.
The Supreme Court charges a filing fee that depends on the gross value of the estate, and a fee to publish the online notice. Current amounts are on our probate fees page.
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.
Work after the grant, such as collecting the assets, dealing with property and distributing the estate, is not covered by the fixed costs. The cost depends on the estate and how much help you would like.
Before we start any work, we give you a written estimate of our costs and explain what is included.
For a fuller guide to Court fees, other costs and timing, read Probate NSW: costs, fees and timeframes (2026).
Our role
Being an executor is an important job, and it often comes at a hard time. We explain each step in plain English and take care of the paperwork with you.
You can meet us at our office in Marrickville, in Sydney's Inner West.
If you think someone may contest the will or make a family provision claim, talk to us before you distribute anything. See contesting a will.
Who will help you
Solicitor · Probate, wills and estates
Christine is a solicitor at CM Lawyers who looks after probate, wills and estate matters. She will talk you through what the estate needs and what happens next.
Questions
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.
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.
Someone entitled to share in the estate under the NSW intestacy rules, most often the surviving spouse or de facto partner, applies for letters of administration instead of probate. Chapter 4 of the Succession Act 2006 sets out who inherits and in what order.
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.
Sometimes. There is no rule that probate is needed in every case, and some banks and other organisations release smaller amounts without a grant if you can show you are entitled. Each organisation sets its own limits, so ask what they require.
Certain people, such as a spouse, 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, and it can generally be made up to 12 months after the death. Someone with an interest in the estate who disputes the will can file a caveat, which stops a grant being made while it is in force (usually six months). If you think a claim is likely, get advice before distributing anything. See contesting a will.
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.
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.
Read more
Service
How we prepare and file the application for you.
Service
When there is no will, or no executor who can act.
Service
Help for executors after the grant is made.
Fees
Current Supreme Court filing and notice fees.
Service
Family provision claims and disputes about a will.
Guide
A closer look at Court fees, other costs and timing.
Official
Forms, guides and current processing times.
Talk to us
Tell us a little about the estate and what you need help with. We will contact you to talk about the next steps.
If something is urgent, such as a property sale due to settle, please call us during office hours.
Fields marked with * are required.
See our privacy policy for how we handle personal information.
Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours' free parking is available at the Wicks Place car park, 186 Victoria Road.
General information only
This page gives general information about probate in New South Wales as at October 2026. It is not legal advice about your situation. Court procedures, fees and processing times change, so please check the Supreme Court of NSW website or speak with us before you act.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
