Probate & Estate Administration

If the Court needs clarification or additional documents, it may issue requisitions. Responding accurately and promptly helps avoid unnecessary delays. The Supreme Court notes that complex matters and requisitions can affect processing timeframes.

If the original Will is missing, damaged, or doesn’t meet formal requirements, the matter may be treated as a complex probate application and can take longer. The Supreme Court specifically identifies informal wills and other unusual scenarios as examples of complex applications.

Once probate is granted, the executor is responsible for gathering the estate assets, paying debts and liabilities, and distributing the estate to beneficiaries according to the Will. The grant confirms the executor’s authority to manage the estate administration process.

If there is no valid Will, an eligible person (often a close family member) may need to apply for Letters of Administration instead of probate. This is a separate type of grant issued by the Supreme Court that authorises someone to administer the estate where no executor has been appointed under a Will.

No. Some estates can be administered without probate, particularly where assets are held jointly (and pass automatically to the surviving owner) or where financial institutions are prepared to release smaller balances without a grant. However, many estates involving property or significant assets still require probate before the executor can proceed.

Probate costs usually include Court filing fees and legal fees. The total cost depends on the complexity of the estate, whether there is property to deal with, and whether the application is likely to attract requisitions (requests for further information) from the Court.

Timeframes vary depending on the Court’s workload and whether the application is straightforward or complex. The Supreme Court publishes current processing time ranges and shows that complex applications (for example, informal wills or other complications) generally take longer than standard applications.

In NSW, most uncontested grants of probate must be applied for and filed online through the Supreme Court’s online registry process. A probate application usually includes the original Will, the death certificate, affidavits and required notices.

You typically need probate when the deceased owned real estate in NSW or held assets solely in their name and the relevant institutions require a formal grant before they will transfer or release funds. Probate is most commonly required for estates with property, significant bank balances, or shareholdings.

Probate is a legal document issued by the Supreme Court of NSW that confirms a Will is valid and authorises the executor to deal with the deceased’s assets. It is often required before banks, share registries and NSW Land Registry Services will release or transfer assets held in the deceased’s name.