A probate application in New South Wales is the formal legal process by which an executor obtains authority from the Supreme Court of NSW to administer a deceased estate. Without this authority, banks, land registries, and other institutions will not release or transfer assets held in the deceased’s name. The probate application step by step process involves locating the original will, publishing a statutory notice, filing court documents, and responding to any court queries before the Grant of Probate is issued. This guide walks you through every stage, with the NSW Supreme Court’s requirements, current fee tiers, and practical tips to avoid the mistakes that cause costly delays.
What you need before starting a probate application
Preparation determines whether your application moves smoothly or stalls at the first hurdle. Gather every required document before you publish any notice or touch a court form.
The starting point is the original will. Only the original will is valid for a probate application. Photocopies and scanned versions are not accepted by the Supreme Court of NSW. Check the deceased’s personal papers, safe deposit boxes, and the law firm that drafted the will.
You also need the official death certificate issued by the NSW Registry of Births, Deaths and Marriages. A hospital notice or funeral director’s certificate is not sufficient. Order the official certificate as soon as possible because processing times can add days to your timeline.
Next, compile a full inventory of the estate. This means listing every asset and every liability, including real property, bank accounts, shares, superannuation, vehicles, and outstanding debts. Accurate valuations matter here. Accurate asset schedules reduce the risk of court requisitions and protect you from personal liability as executor, particularly when the estate includes real property or business interests.
| Document | Where to obtain it |
|---|---|
| Original will and any codicils | Deceased’s personal papers, bank, or drafting law firm |
| Death certificate | NSW Registry of Births, Deaths and Marriages |
| Asset valuations (property, shares) | Licensed valuer, ASX records, bank statements |
| Liability schedule (debts, mortgages) | Lenders, ATO, credit providers |
| Executor’s identification | Your own passport or driver’s licence |
Pro Tip: Search the NSW Trustee and Guardian’s will register and contact any law firm the deceased used regularly. A later will revokes an earlier one, and acting on a superseded document can expose you to personal liability.
How to publish the notice of intended application
Publishing the Notice of Intended Application is a legal requirement, not a formality. The notice alerts creditors and anyone who may wish to contest the will, giving them an opportunity to come forward before the estate is distributed.
The notice must be published on the NSW Online Registry. Publishing on the NSW Online Registry is the only method the Supreme Court of NSW accepts for this step. The notice publication costs $57 and can be completed online once you have the death certificate and the will in hand.
After publishing, you must wait. The mandatory waiting period is 14 days from the date the notice appears. Filing before 14 days results in automatic rejection by the court. That rejection costs you time and potentially additional fees to refile.
Common mistakes at this stage include:
- Publishing the notice before obtaining the death certificate, which can create inconsistencies in the filing date
- Filing the application on day 14 rather than waiting until day 15 or later
- Using an unofficial notice platform instead of the NSW Online Registry
- Failing to keep a record of the publication date and confirmation number
Pro Tip: Screenshot and save your confirmation of publication immediately. The court may ask you to confirm the publication date, and having that record on hand prevents unnecessary back-and-forth.
How to prepare and file your probate application
Once the 14-day period has passed, you are ready to prepare and lodge the application with the Supreme Court of NSW. The NSW probate process requires five core documents filed together as a complete package.
- Summons for Probate. This is the formal application form requesting the court to grant probate. It names the executor, the deceased, and the estate.
- Affidavit of Executor. This sworn statement confirms your identity as executor, attests to the validity of the will, and sets out the assets and liabilities of the estate. Errors or omissions in this affidavit are the leading cause of court requisitions.
- Inventory of Property. A detailed schedule of all NSW assets and their values at the date of death. Real property must be supported by a formal valuation.
- Original will and any codicils. Filed with the court and retained on the court file.
- Death certificate. The original or a certified copy issued by the NSW Registry of Births, Deaths and Marriages.
Errors in affidavits and inventory listings lead directly to court requisitions, which add weeks and additional costs to the process. Getting these documents right the first time is the single most effective way to keep your application on track.
Supreme Court filing fees by estate value
NSW Supreme Court filing fees are tiered by the gross value of the estate. Filing fees range from $0 for estates under $100,000 up to $7,099 for estates over $5 million. That fee structure means a mid-range estate worth $500,000 attracts a meaningfully different cost than a large estate with multiple properties.
| Estate value | Approximate filing fee |
|---|---|
| Under $100,000 | $0 |
| $100,001 to $500,000 | $921 |
| $500,001 to $1,000,000 | $1,574 |
| $1,000,001 to $5,000,000 | $4,258 |
| Over $5,000,000 | $7,099 |
You can lodge the application online through the NSW Online Registry or by post to the Supreme Court of NSW Probate Registry. Online lodgement is faster and allows you to track the status of your application.
Pro Tip: Double-check that the estate value you declare in the Affidavit of Executor matches the Inventory of Property exactly. A discrepancy between the two documents is one of the most common triggers for a requisition.
What happens after you file?
After lodgement, the Registrar reviews your application. For a straightforward, uncontested application, court processing takes 3–6 weeks. Combined with 2–6 weeks of preparation time, the full process from start to grant typically runs 6–12 weeks.
If the Registrar identifies a problem, they issue a requisition. A requisition is a formal request for clarification or correction. Common causes include:
- Inconsistencies between the Affidavit of Executor and the Inventory of Property
- Missing signatures or incorrect witnessing on the affidavit
- Insufficient asset valuations for real property
- Discrepancies in the deceased’s name across documents
- Failure to account for all codicils to the will
You must respond to each requisition in writing, with supporting documents where required. Each round of requisitions adds time to the process. Once the Registrar is satisfied, the court seals the Grant of Probate and issues it to you. For detailed guidance on typical probate timelines and what can cause delays, Simons George Legal has published a dedicated NSW guide.
Administering the estate after the grant
The Grant of Probate is your authority to act. Banks, land registries, and share registries will accept it as proof that you are entitled to deal with the deceased’s assets.
Your responsibilities as executor after receiving the grant include:
- Collecting all estate assets and transferring them into an estate account
- Paying funeral expenses, outstanding debts, and any ATO liabilities before distributing anything to beneficiaries
- Holding a reserve for final expenses, including legal costs and any tax obligations that may arise
- Distributing the remaining assets to beneficiaries strictly according to the terms of the will
- Providing a clear written account of all receipts and payments to beneficiaries
Executors must pay debts and taxes before distributing assets to beneficiaries. Distributing assets prematurely exposes you to personal liability if a creditor or the ATO later makes a claim against the estate. The standard practice is to wait at least six months from the date of the grant before making final distributions, allowing time for any claims to surface. Your deceased estate tax obligations in NSW deserve careful attention before you finalise any distributions. For a full checklist of post-grant duties, the executor administration checklist from Simons George Legal covers each step in order.
Key takeaways
A complete and accurate probate application, filed after the mandatory 14-day notice period, is the fastest path to obtaining the Grant of Probate from the NSW Supreme Court.
| Point | Details |
|---|---|
| Original will is mandatory | Only the original will is accepted; photocopies cause immediate rejection. |
| 14-day notice period is non-negotiable | Filing before day 15 results in automatic rejection and delays. |
| Accurate documents prevent requisitions | Errors in affidavits or inventory listings trigger court queries and add weeks to the process. |
| Filing fees depend on estate value | Fees range from $0 for estates under $100,000 to $7,099 for estates over $5 million. |
| Pay debts before distributing assets | Premature distribution exposes the executor to personal liability from creditors and the ATO. |
What I’ve learned from watching executors get this wrong
The most expensive probate mistakes I see are not the complicated ones. They are the simple, avoidable errors that happen because executors underestimate how technically precise these documents need to be.
The affidavit of executor is the document that trips people up most often. A name spelled differently across the will, the death certificate, and the affidavit will generate a requisition every time. The court is not being pedantic. It is protecting the integrity of the process, and rightly so.
DIY probate applications are possible but frequently cause delays because of the technical precision required. I have seen straightforward estates take four months longer than necessary because of one missed codicil or an unsigned page in the affidavit. That delay has real consequences for beneficiaries waiting on funds.
My honest advice: use the official NSW Online Registry for every step that requires it, keep a paper trail of every action and date, and get a professional to review your affidavit before you file. The cost of a review is almost always less than the cost of a requisition cycle. For complex estates involving real property, business interests, or potential disputes, professional legal assistance is not optional. It is the most cost-effective decision you will make.
— George
Simons George Legal: probate support from start to grant
Probate applications require precision at every stage, from the initial document gather to responding to court requisitions. Simons George Legal, based in Bondi, helps executors across Sydney prepare accurate application documents, navigate court requirements, and avoid the delays that come from technical errors.
Whether your estate is straightforward or involves real property, business interests, or potential disputes, the team at Simons George Legal provides clear advice tailored to your situation. New clients receive a complimentary 30-minute consultation to assess their matter and identify the right next steps. Book your consultation through the probate and estate administration page and get your application moving with confidence.
Funding your legal matter — no win, no fee
Simons George Legal offers No Win, No Fee arrangements for eligible matters, including certain estate disputes and contested probate cases. Eligibility is assessed during a free initial consultation, so you know exactly where you stand before committing to any costs.
This arrangement removes the upfront financial barrier for people with a legitimate claim. You do not need to fund the legal process out of pocket while waiting for the estate to be resolved. If your matter qualifies, Simons George Legal carries the risk alongside you.
Book a free case assessment with Simons George Legal to find out whether your matter is eligible and what the process involves.
No Win, No Fee arrangements are subject to case eligibility and a written costs agreement. Liability limited by a scheme approved under Professional Standards Legislation.
FAQ
What is a Grant of Probate in NSW?
A Grant of Probate is a court order issued by the Supreme Court of NSW that confirms the validity of a will and authorises the named executor to administer the deceased estate. Banks, land registries, and other institutions require it before releasing or transferring assets.
How long does a probate application take in NSW?
A straightforward probate application in NSW typically takes 6–12 weeks in total, including 2–6 weeks for preparation and 3–6 weeks for court processing. Complex estates or applications with requisitions take longer.
Do I always need probate to administer an estate in NSW?
Probate is not always required. Banks may release small account balances without a court order, and jointly held assets pass automatically to the surviving owner. Real property held solely in the deceased’s name almost always requires probate.
What happens if I file my probate application too early?
Filing before the mandatory 14-day notice period has passed results in automatic rejection by the Supreme Court of NSW. You must republish the notice and restart the waiting period, adding significant time and cost to the process.
What causes court requisitions in a probate application?
Requisitions are most commonly caused by inconsistencies between documents, missing signatures, insufficient asset valuations, and discrepancies in the deceased’s name. Addressing these issues before filing is the most effective way to avoid delays.