When someone dies leaving a Will, the executor may need a grant of probate before dealing with property, bank accounts and other assets. Probate is the Supreme Court of NSW process that confirms the Will can be acted upon and gives the executor formal authority to administer the estate.
What Does Probate Mean?
The meaning of probate is straightforward: it is the Court’s legal recognition of the deceased’s Will and the executor’s authority to act. Once probate is granted, the executor can collect assets, pay debts and expenses, and distribute the balance to beneficiaries under the Will.
The Supreme Court of NSW has jurisdiction to grant probate under the Probate and Administration Act 1898 (NSW). An uncontested application is generally decided by a Registrar without a court hearing.
Do You Always Need Probate in NSW?
No. Whether probate is needed depends on the type, ownership and value of the assets and the requirements of each asset holder.
Probate will commonly be required where the deceased owned NSW real estate solely or as a tenant in common. Banks, share registries, retirement villages and other institutions may also require the grant before releasing substantial assets.
It may not be required where significant assets pass automatically to a surviving joint tenant or an institution agrees to release a small balance without a grant. Superannuation and life-insurance benefits may also fall outside the estate, depending on the arrangements.
How Do You Apply for Probate?
The executor named in the Will ordinarily applies through the NSW Online Registry. The usual probate process includes:
- locating the original Will and death certificate;
- identifying and valuing assets and liabilities;
- conducting a NSW probate search for an existing or competing notice;
- preparing the summons, executor’s affidavit and inventory of property;
- publishing the required online probate notice and allowing the 14-day notice period to expire; and
- filing the summons and supporting documents and answering any Court requisition.
Sections 42 and 109 of the Probate and Administration Act 1898 require at least 14 days’ notice before the summons is filed. If the application is made more than six months after death, Part 78 rule 16 of the Supreme Court Rules 1970 requires the delay to be explained.
How Long Does Probate Take in NSW?
There is no fixed probate timeframe. Time is needed to locate the Will, obtain date-of-death balances and valuations, prepare documents, satisfy the notice period and await assessment.
A straightforward application may be assessed within several weeks after filing. The process can take longer if the Court issues a requisition, the original Will is missing, the Will is informal, an executor has renounced, assets are difficult to identify or the application is contested.
The Supreme Court publishes its current probate processing times each week, showing the filing dates it is presently assessing. Complex applications and letters of administration generally take longer than routine applications.
How Much Does Probate Cost in NSW?
Probate costs usually include the Court filing fee, online notice, legal fees and any valuation, search or certification expenses.
From 1 July 2026, the filing fee is nil for estates below $100,000. For estates valued at $100,000 or more, it ranges from $960 to $7,399 according to the estate’s sworn gross value. Publishing an online probate notice costs $59. These amounts should be confirmed before filing because Court fees can change.
Supreme Court of NSW filing fees for probate and administration, effective 1 July 2026. Fees are set by the Court and can change — confirm the current amount before filing.
| Sworn gross value of estate |
Filing fee |
| Less than $100,000 |
Nil |
| $100,000 to less than $250,000 |
$960 |
| $250,000 to less than $500,000 |
$1,303 |
| $500,000 to less than $1,000,000 |
$1,999 |
| $1,000,000 to less than $2,000,000 |
$2,663 |
| $2,000,000 to less than $5,000,000 |
$4,439 |
| $5,000,000 and above |
$7,399 |
Legal fees depend on whether the solicitor is engaged only to obtain the grant or also to administer the estate. Executors should request a clear estimate identifying the included work, disbursements and charges for unusual issues.
What If There Is No Valid Will?
If the deceased left no Will, the appropriate application is generally for letters of administration, not probate. If a Will exists but no executor can act, an eligible person may seek letters of administration with the Will annexed.
A document that was not properly signed or witnessed may sometimes be admitted as an informal Will under section 8 of the Succession Act 2006 (NSW).
In Re Estate of Wai Fun Chan, Deceased [2015] NSWSC 1107, the Supreme Court admitted a DVD recording as a codicil because the deceased intended it to alter her formal Will. The decision demonstrates that the Court can recognise an informal document, but also shows how an irregular Will can require additional evidence and cause substantial delay and expense.
When Should You Use a Probate Lawyer?
Legal assistance is particularly valuable where there is:
- a missing, damaged or informal Will;
- more than one possible Will;
- disagreement between executors;
- overseas or difficult-to-value assets;
- a possible family provision claim;
- uncertainty about the beneficiaries;
- a Court requisition; or
- an urgent property sale or settlement.
CM Lawyers assists executors and families with probate applications, letters of administration and complete deceased-estate administration throughout NSW. Early advice can determine whether probate is required, prevent avoidable requisitions and help the executor administer the estate efficiently.
Need to apply for probate? CM Lawyers assists executors and families with probate applications and deceased estate administration throughout NSW.
Talk to our probate team
This article provides general information only and is not legal advice. Court fees, procedures and processing times may change.
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