What is probate?
Probate is a court order granted by the Supreme Court of NSW. It confirms the will is valid, and the executor has permission to distribute the estate.
When you need a grant of probate
Some estates do not need to go through the probate process.
Generally you'll need to apply for a grant of probate if:
- the assets are owned solely by the person that has died
- assets are over a certain amount.
You will not need to apply for a grant of probate if:
- all assets are shared with a single person
- the total amount of assets doesn't exceed a certain amount.
Shared assets means that the asset (for example, house, bank accounts, or shares) are jointly owned. This is often the case for people who have been married.
The executor is legally responsible for probate. To be sure about whether you need to apply for a grant of probate, talk to a lawyer.
Learn more about whether you need to apply for probate at LawAccess NSW.
Submitting an application
Before you submit the documents you need to submit a notification.
The notification is displayed on the NSW Supreme Court's website, and is a declaration of your intention to administer the estate.
To submit an application for a grant of probate with the NSW Supreme Court, you will need to follow a process that includes:
- gathering supporting documents
- publishing a probate notice
- waiting 14 days
- submitting a probate application
- responding to Requisitions from the court.
The fee for applying for a grant of probate will depend on the value of the assets.
If an application for probate is filed after 6 months from the date of death of the deceased, an explanation for the delay must be given to the court.
Find out more about applying for probate at the NSW Supreme Court.
How long does it take?
Check the current processing times for probate at the NSW Supreme Court.
Probate will take longer if the court documents are not complete or unclear.
In this case, the Supreme Court will ask for more information and process the grant of probate when the information is complete.