Complete Guide to Probate NSW 2022

Gathered Here

Gathered Here

20/11/2018

Welcome to our Complete Guide to Probate NSW. If a loved one has passed away and left a will in NSW, then it’s likely a grant of probate will be necessary in order to administer that will and deal with the deceased’s estate.

In brief, probate is the process of having the Supreme Court of NSW give recognition to the deceased’s will. It is the procedure that is often needed before the executor can begin to collect and distribute the deceased’s assets. For a more detailed discussion on probate see What is Probate?

If a deceased has passed away without leaving a will, see our Guide to Letters of Administration and Letters of Administration NSW.

Probate NSW application process

In New South Wales, an application for probate should be filed within 6 months of the date of the deceased’s death. To apply, you must be over 18 years and named as an executor in the will.

The first step is to publish a notice of your intention to apply for probate on the NSW Online Registry. This allows the deceased’s creditors to make a claim on the estate, and also provides an opportunity for other interested parties to file an objection if they believe they have a claim to the estate.

You must then wait at least 14 days, after which you can file your application, together with the required documents, at the Supreme Court of NSW Registry.

Documents required to file for probate NSW

Documents required for a probate application in NSW include:

  • Summons for Probate;
  • Affidavit of Executor;
  • original Will (and any Codicils);
  • original Death Certificate;
  • Inventory of Property;
  • 2 copies of the Grant of Probate.

How to file an application for probate NSW

The application can be filed in person or by post.

More information

You can find more information about probate New South Wales, including the forms for application, on the Supreme Court of NSW website.

How much does probate cost in NSW?

The cost of a grant of probate in NSW can include a number of fees, including an advertising fee, a court filing fee and the cost of a probate lawyer. For more information see Probate NSW Costs – What are the Probate Fees in NSW?

How long does probate take in NSW?

An application for probate will be considered by the registrar, with the aim of processing it within 5 days.

How to get probate NSW

If you need to apply for a grant of probate in NSW, it’s a good idea to get legal advice from an experienced probate professional. Gathered Here offers access to the best probate lawyers in NSW at the most affordable rates. Our Fixed Fee Probate Service means a fixed legal fee for your NSW probate application which you’ll be told upfront. Get a fixed fee quote now – it’s free and there’s no obligation to proceed.

We hope you’ve found this guide to Probate NSW useful. For information about dealing with a deceased’s estate, see our Probate FAQs.

If you have any questions about our Fixed Fee Probate Service, or any of our other services, please don’t hesitate to get in touch with us at support@gatheredhere.com.au or start a live chat by clicking the floating message box in the bottom right corner of your screen.

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