Estate Administration: How Do I Apply for a Grant of Probate in New South Wales?

If you are the Legal Personal Representative, it is your responsibility to apply for a ‘grant of probate’ before you can administer an estate. Before applying for a grant of probate in NSW, the Legal Personal Representative must publish an online notice of their intention to apply for a grant of probate with the New South Wales Courts Online Registry. This notice is to alert any creditors of the estate and to allow at least 14 days for any person to contest the authority of the Legal Personal Representative to apply for a grant of probate. After 14 days, the Legal Personal Representative may file a summons for probate with the Supreme Court. 

It may not be compulsory to apply for grant of probate if the value of the deceased estate is low or if all the assets of the deceased are owned jointly. 

What documents do you need to apply for probate in NSW?

There are several Court documents that must be completed by the Legal Personal Representative and accompany a summons for probate. These documents detail the assets and liabilities of the deceased’s estate. The original death certificate and original Will must also be included. 

How much does probate cost in NSW?

The cost of filing a summons for probate is calculated on the gross value of the deceased’s estate assets in NSW. The cost of filing a summons for probate is updated on the Supreme Court website: https://www.supremecourt.justice.nsw.gov.au/Pages/current_fees.aspx

What if probate has already been granted in another state?

Grant of probate must be obtained in each jurisdiction that the deceased has property. However, it may be possible to apply for a resealing of the grant of probate in NSW. Different documentation including the previous grant of probate is required, and it is still necessary to publish an online notice of intention to apply for resealing of probate 14 days before filing the summons.

Can you do probate yourself in NSW?

If it is necessary or prudent to apply for a grant of probate, as determined by the value of the deceased estate property, then the Supreme Court of NSW must be involved in the estate administration process. Whilst it is not compulsory for a Legal Personal Representative to engage a probate lawyer, solicitors with experience in estate administration can help to navigate the Supreme Court process and ensure that no estate administration steps are skipped. Considering that estate administration can be complex, and that the Legal Personal Representative can incur personal liability for mistakes or delays, it is a good idea to engage a probate lawyer if you are responsible for administering an estate. 

In our next post, we will investigate the process of administering a deceased’s estate after a grant of probate has been made.

By Jaime Dunn