Key Steps to Successfully Apply for Probate in NSW
Probate Estate Lawyers Penrith Richmond, 62 Warwick Street, Penrith
Applying for Probate involves a step by step approach and in New South Wales an application is required in the Supreme Court of NSW.
In early 2025, the Application for Probate system has now gone entirely electronic and as such, all applications will need to be filed using the online portal. Whilst it is not essential to have a solicitor apply for the Application for Probate, it should be noted that Probate fees for obtaining the Grant of Probate are charged as per scale set by the Supreme Court of NSW and at Rafton Family Lawyers Estate and Probate Team, we charge in accordance with that scale. That fee is usually paid by the estate. In addition to this, with any application lodged there is a filing fee unless there is eligibility for a waiver and the filing fee is also an Estate expense.
For more information please contact our team but we do list below a very simple guide to the steps involved in the event that you do wish to try yourself and then contact us if you need further help.
1. You will need to locate the original will. This is either done by locating it directly from the deceased with instructions that were left or by writing to local law firms to obtain a copy. The Executor will need to have the original will to make the Application for a Grant of Probate and they will need to show usually original identification to obtain a copy of the will from a local firm along with the death certificate.
2. Obtain the original death certificate. This can be ordered through the NSW Registry of Births, Deaths & Marriages and is generally provided from the funeral parlour after the funeral.
3. Value the estate – the assets and liabilities of the estate will need to be reflected as accurately as possible in the application and this often involves writing off to banks and other financial institutions to fully list all assets and liabilities.
4. Publish a notice of intention – it’s a legal requirement that you notify interested parties about the intention to apply for Probate.
5. Prepare the Application for Probate, sign and witness the forms and all required documents that have to be lodged through the portal.
6. Lodge the Application with the Supreme Court – as indicated above, this is done through the new online portal and you will need to register if you are not going through a law firm.
7. Receive the Grant – once approved you will receive the Grant of Probate and you can then proceed to administer the estate if you are the executor. Please note that there are often requisitions requested by the Court and they will notify you in writing of any queries in relation to the application particularly now the online system has gone live.
Other Matters
We are seeing an increasing number of people who are trying to make the application themselves on line and encountering requisitions whereby their application has not been filed correctly and unfortunately it is therefore needing to either be re-sworn and relodged or is taking excessive additional time. In a recent matter where our office was involved, there was a delay of over six months because the Executor tried to save costs and lodge the application themselves when in fact they had not completed the required documents and as such, there were very extensive delays in the beneficiaries receiving their funds.
As a general rule, an Application for Probate should try to be lodged within six months unless there is a reason to delay and where there are multiple beneficiaries the executor will need to account for any excessive delays particularly where there are assets involved such as real property that needs to be sold or transferred. There are also potential implications by way of additional taxes that may need to be paid if there are excessive delays.
Please contact our specialist Probate and Estates Team if you have any questions reception@rafton.com.au