Ellie remembers sitting at her kitchen table, papers spread everywhere, the weight of responsibility for her late father's estate pressing down like a storm cloud.
“I thought I was doing everything right—paying the bills, gathering the documents. But there’s so much legal stuff. And the notice? I had no idea how important it was, or what it was even for.”
Sadly, she’s not alone.
Probate in New South Wales can feel overwhelming—especially after a loss. The legal jargon, deadlines, and forms are tough even in normal times. When you're grieving, it’s even harder to keep track. Yet as Ellie discovered, one step can make or break the process: the probate notice.
A probate notice isn’t just a formality—it’s a critical legal safeguard. It alerts creditors, potential claimants, and even distant relatives that someone has applied for probate. Most importantly, it protects the executor in NSW probate from future disputes and claims.
Ellie shared that she only realised the purpose of the notice when things began to fall apart:
“At first, it just looked like more paperwork. But it turns out, it’s the lifeline that keeps everything on track.”
The probate notice does the following:
In the NSW probate process, these are the three key forms:
They seem simple—until stress, grief, and uncertainty take over. Ellie recalls:
“What if I miss a deadline? What if I file the wrong form? This wasn’t just paperwork—it was my family’s future.”
Each form has a distinct role in the estate administration in NSW, and missing a deadline can create ripple effects that delay the entire process.
If everything is done correctly, here’s what the typical probate process in NSW looks like:
Day 1: A loved one passes away—the NSW probate process begins.
Days 2–14: The executor prepares documents.
Day 15: Probate notice (Form 126) is published via the NSW Online Registry.
Days 16–30: The 14-day period for claims begins.
Days 31–60: If clear, the executor lodges Form 117 and Form 115.
Days 61–90: The NSW Supreme Court Probate office reviews the application. If in order, grant of probate in NSW is issued.
Ellie later reflected:
“If someone had just told me that one missed notice could lead to all this, I would’ve done anything to get it right.”
You may be interested in: Top 50 FAQs on Probate
Ellie assumed the estate didn’t need a probate notice—there were no known debts. But months later, a forgotten business associate of her father’s surfaced with a claim. By then, probate had already been granted, and the creditor filed a late claim. The entire process had to restart.
The fallout:
Over $100,000 lost in legal fees and administration
An additional $50,000 lost due to asset depreciation during the delay
Her family waited 18 extra months to receive their inheritance
“The hardest part wasn’t the money—it was telling my siblings it would take another year and a half. All because of a step we didn’t understand.”
Here’s what Ellie wishes she had known at the start:
Never skip the probate notice—even debt-free estates can hide liabilities.
Know your legal duties as executor under the NSW probate process.
Get help early. A Sydney probate lawyer can help you avoid mistakes and delays.
One thing many executors don’t realise is that even after a Grant of Probate is issued, disputes can arise—sometimes forcing families into lengthy and costly legal battles. If disagreements occur, you may face the difficult path of Appealing Probate Decisions: A Battle for Justice.
Ellie says: “Don’t try to figure it out on your own. Ask questions, get advice, and protect your family.”
Never skip the probate notice—it's your legal protection
Executors must know their legal responsibilities in NSW
Seek expert help early—it can save you from financial and emotional fallout
NSW Supreme Court – Probate Notices
NSW Online Registry – Probate Notices
NSW Government – Applying for Probate
Law Society of NSW – Probate and Estate Management
State Library of NSW – Probate Guide
Legal Aid NSW – Probate and Wills
Seniors Rights Service – Wills and Probate
NSW Trustee & Guardian – Probate FAQs
Community Legal Centres NSW – Probate Support
Disclamer: 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.
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