How to Apply for Probate in NSW: A Step-by-Step Guide

Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 9 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.

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Do You Need Probate in NSW?

You almost certainly need probate if: the estate includes real property in NSW; any financial institution requires it before releasing funds; or the estate includes shares or managed investments.

Always contact the relevant financial institutions and ask whether they require probate.

Step 1 — Advertise Your Intention to Apply

NSW law requires you to publish a notice of your intention to apply for probate before lodging the application. Currently this is done through the NSW Online Registry at onlineregistry.lawlink.com.au.

The mandatory waiting period before you can file: 14 days from the date of publication. Do not file before this period has elapsed — the court will reject the application.

Step 2 — Gather Your Documents

Required documents for NSW probate:

• The original will — the court requires the physical original, not a copy
• Certified copy of the death certificate
• Summons for Probate (Form 113) — available at supremecourt.justice.nsw.gov.au
• Affidavit of Executor (Form 114) — your sworn statement, must be sworn before a justice of the peace, solicitor, or authorised witness
• Inventory of Assets and Liabilities — complete list of all assets and liabilities at date of death

What Goes in the Inventory (NSW)

Include all assets solely in the deceased’s name (real property at market value, bank balances at date of death, investments at closing price, vehicles, life insurance payable to estate, personal property of value) minus all liabilities (mortgage, credit cards, loans). The net total determines the court filing fee.

Step 3 — Lodge the Application

NSW probate applications can be lodged online through the NSW Online Registry at onlineregistry.lawlink.com.au — this is the most common method. In person at a Supreme Court registry (main registry at Law Courts Building, Queens Square, Sydney; also Parramatta, Newcastle, Wollongong, Lismore). Or by post to the NSW Supreme Court Probate Registry.

Filing fee: Based on gross estate value. As a guide, estates valued up to $500,000 typically attract a fee around $1,000–$1,500. Check the current NSW Supreme Court fee schedule as fees change periodically.

Step 4 — Wait for the Grant

Processing time for a straightforward NSW application: typically 4–8 weeks from lodgement. The court may issue a requisition — a request for corrections. Common reasons: notice period not correctly observed; documents are incomplete; the will has alterations; or affidavit errors. Respond promptly to any requisition.

When approved, the court issues the Grant of Probate. Make certified copies — you will need multiple.

Probate Without a Solicitor in NSW

The NSW Supreme Court actively supports self-represented applicants. The online registry guides you through the process. For a simple estate with a clear, unaltered will, the process is manageable without legal assistance.

Consider a solicitor if: the estate includes real property with complex ownership; the will has been altered; there are disputes between beneficiaries; the estate is insolvent; international assets are involved; or a beneficiary is a minor. Solicitor fees are paid from the estate.

Dying Without a Will in NSW

If the deceased died intestate, a family member applies for Letters of Administration. NSW intestacy rules: spouse with no children receives everything; spouse with children receives all personal effects plus a statutory legacy (currently $472,000 — subject to change) plus half the residue, with children sharing the other half; no spouse means children share equally.

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The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. The NSW probate process involves sworn legal documents — for any uncertainty, seek advice from a NSW solicitor.

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Related guides

• Do I Need Probate? A Plain-English Guide
• What Is an Executor?
• Executor Duties in Australia: The Complete Legal Guide
• What to Do When Someone Dies in Australia