How do I apply for Probate in NSW?

An application for the Grant of Probate is made to the Supreme Court of New South Wales.

Prior to doing so notice of the application must be published via the Online Court. Previously the notice was within a Sydney daily newspaper or in a newspaper where the deceased’s resided. 

The notice of intention to apply for Probate via the Online Court allows creditors to submit their claims on the executor, and is also notice to the world that an application for Grant will be made by the stated executor. 

No application can be filed until 14 days has elapsed from the date of the notice. Once this period has passed a Summons seeking the Grant of Probate can be filed at the Supreme Court registry with the supporting documents as required by the Probate and Administration Act 1898 and Supreme Court Rules. 

The Act and Rules require the Summons to be accompanied by the filing fee, a copy of the proposed Grant of Probate, return envelope, original Will and affidavit in the prescribed form addressing the matters contained in the Act and Rules, and addressing any irregularity with the application, such as the executors so applying or spelling of names. 

If the application is in order then the Probate Registrar will make the Grant by sealing the proposed Grant of Probate with the seal of the Supreme Court of NSW. The Grant can then be used to call in the estate assets held by the various bodies, such as banks, aged care facilities, Lands NSW or share registries.  

Prime Lawyers operates one of the largest uncontested probate divisions in New South Wales. We receive instructions to act for executors every week because we process applications quickly and assist executors obtain the Grant with as little hassle as possible so that the estate can be administered.

If you have a question relating to Probate or are an executor of a will that needs to obtain Probate then get in touch with your nearest office to see how we can assist.

We have wills and probate lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.