Probate & Estate Administration

Probate & Estate Administration in NSW

When someone dies, their estate has to be collected, debts paid and the remaining assets distributed to the people entitled to them. That whole process is called estate administration, and in New South Wales it's governed by the Probate and Administration Act 1898 (NSW) and the rules of the Supreme Court.

Most estates need a formal grant from the Supreme Court of NSW before banks, share registries and the Land Registry will release assets. Which type of grant depends on whether there's a Will:

• Grant of Probate — issued when there's a valid Will, authorising the named executor to administer the estate.
• Letters of Administration — issued when there's no Will (intestacy), or no executor available. The Court appoints an administrator, usually the closest next of kin.
• Letters of Administration with the Will Annexed — used when there's a Will but the named executor can't or won't act.

The Role of an Executor

An executor is the person named in the Will to administer the estate. The role carries real legal duties, including a duty to act in the best interests of the beneficiaries and to follow the terms of the Will. Executors can be held personally liable if they get it wrong — which is why most engage a solicitor.

Key executor duties

• Locate the original Will and arrange the funeral
• Identify and value all assets and liabilities
• Apply to the Supreme Court for the Grant of Probate
• Notify banks, super funds, insurers and government agencies
• Pay debts, tax and final expenses
• Keep accurate records and provide accounts to beneficiaries
• Distribute the estate in accordance with the Will
• Defend the estate if a family provision claim is made

NSW Supreme Court Filing Fees

The Supreme Court charges a filing fee for the Grant, calculated on the gross value of assets in NSW. These are set by regulation and updated annually — current 2025–26 fees:

Source: Supreme Court of NSW. Fees current at the start of FY2025–26. Our legal fees are quoted separately and where possible offered as a fixed fee — discussed in your initial consultation.

How Long Does Probate Take?

Most estates are administered in 6 to 12 months. The Supreme Court typically takes 4–8 weeks to issue a Grant once an application is lodged, but the wider timeline depends on:

• How complex the assets are (property, shares, business interests, overseas assets)
• Whether anyone challenges the Will or makes a family provision claim
• How quickly third parties (banks, super funds, ATO) respond
• Whether the estate includes a deceased estate tax return

Small Estates & When Probate Isn't Needed

Not every estate needs a Grant. If the assets are held jointly with a surviving spouse, or if the total NSW assets are modest (often under $50,000 depending on the institution's policy), banks and super funds may release them without probate. We'll tell you in the first consultation whether a Grant is actually required — there's no point paying for one you don't need.

Trustees & Ongoing Trusts

If the Will sets up a testamentary trust — common for minor children, beneficiaries with special needs or asset-protection planning — a trustee administers those funds on an ongoing basis under the Trustee Act 1925 (NSW). We advise trustees on their duties, investment powers and reporting obligations for as long as the trust runs.

Common Questions About Probate

How much does probate cost in NSW?

Probate costs in NSW have two components: the Supreme Court filing fee (set by the Court and based on estate value — see the table above) and the legal fees for preparing the application. We offer fixed fees wherever possible and provide a written quote at the start of your matter.

How long does probate take in NSW?

Most estates are administered within 6 to 12 months. The Supreme Court usually issues a Grant of Probate 4–8 weeks after a complete application is filed. Complex estates, disputes, or family provision claims can extend the timeline considerably.

What's the difference between probate and letters of administration?

Probate is granted when there's a valid Will and authorises the named executor to act. Letters of Administration are granted when there's no Will, or no available executor, and authorise an administrator (usually the closest next of kin) to administer the estate under intestacy rules.

Do I need a lawyer to apply for probate?

No — executors can apply themselves, but the application must comply with the Supreme Court Rules and any errors can cause weeks of delay or personal liability. For estates of any complexity, or where beneficiaries are likely to scrutinise the administration, engaging a solicitor is strongly recommended.

What if the deceased lived in NSW but owned property in another state?

You typically need to "reseal" the NSW Grant in each state or territory where the deceased held property. We coordinate the resealing process and instruct interstate agents where required.

Can I be paid for being an executor?

Executors who aren't beneficiaries can apply to the Supreme Court for commission, calculated on the value of the estate and the work involved. Where the Will specifies a payment, that takes priority. We advise executors on whether a commission application is worthwhile.

What happens if someone contests the Will?

The executor must defend the estate. Most disputes are family provision claims brought by eligible persons under the Succession Act 2006 (NSW), or claims that the Will is invalid. We act for executors throughout the dispute and at mediation or hearing.