Probate

Before making an application with the Supreme Court, you must first publish a "Notice of Intended Application" on the NSW Online Registry at least 14 days before lodging the application with the Supreme Court.

Once the 14 days have passed, the executor may file an application with the Supreme Court, including a death certificate, a Will, Codicils (updates to the original Will) and an Estate Inventory (a list of all the assets).

After you apply for probate, the Supreme Court reviews the application. If the will is valid, a grant of probate is issued. The executor can then administer the estate, identify and collect assets, pay outstanding expenses, locate beneficiaries, and comply with legal and tax requirements. If the application is filed more than 6 months after the death, an explanation for the delay must be provided to the court.

Applying for probate is a complicated legal process with numerous steps requiring expert legal knowledge, including drafting affidavits and lodging notices and documents with the Supreme Court. This can be time consuming or overwhelming for family members to navigate alone, especially in a time of emotional upheaval and turmoil.

While anyone can prepare a probate application and lodge it with the relevant Court, most people will engage a lawyer and ensure they do it correctly.