Probate in New South Wales

New South Wales · general information · checked 10 October 2026

A grant of probate is a court document. In New South Wales, the court says a grant of probate authorises an executor to manage the estate under the will.

The court says the person named in the grant can take it to those holding the estate's assets, such as banks, and ask them to transfer the assets.

The court says it will not make a grant if the person who died had no assets in New South Wales.

This page does not say whether a grant is needed for the estate you are dealing with. The Supreme Court of NSW explains, in general terms, when a grant is and is not usually needed, in the section headed "Need for a grant of probate".

The NSW Supreme Court's probate page says different asset holders have different criteria and requirements for releasing assets.

SourcesSupreme Court of New South Wales: Applying for a grant of probate

New South Wales · general information · checked 10 October 2026

Since 1 August 2023, the court says most applications for an uncontested grant must be filed online.

The court's probate page is the place to start. It links to the online application, the fact sheets, the notices and the current processing times: Supreme Court of NSW · Probate (online application, fact sheets, notices, processing times)

A registrar decides uncontested applications in chambers.

The original will, and any codicils, are filed with the application. The court keeps them.

If an application is filed more than 6 months after the date of death, the court asks for an explanation of the delay. The court says there is no set form for this, and that UCPR Form 40 can be adapted.

SourcesSupreme Court of New South Wales: Probate · Supreme Court of New South Wales: Applying for a grant of probate

New South Wales · general information · checked 10 October 2026

A notice of the intended application is published online. The court's page calls it an online probate notice.

The notice is published on the NSW Online Registry. The Supreme Court Rules say this is the valid way to publish it.

The court's page says two things about timing. This page repeats both and adds nothing to them.

The court says the online probate system publishes the notice automatically when the application is filed.

The court says the law requires at least 14 days' notice before an application for probate or letters of administration is filed.

The court's page does not explain how those two statements fit together, and this page does not guess. The help routes below can point you to someone who can explain the timing for a particular application.

Publishing needs an account with the NSW Courts Online Registry.

Check the notice carefully before paying. A notice cannot be edited after it has been paid for and published.

The court says the notice gives the person's creditors a chance to make a claim. It also alerts anyone who may know of a later will.

Before publishing, the court says to search for an existing notice under the estate's name. The search is free.

SourcesSupreme Court of New South Wales: Notice of intended application for probate, administration or reseal

New South Wales · general information · checked 10 October 2026

Supreme Court of NSW, Filing Fees as at 1 July 2026

This table shows the court's filing fee only. It says nothing about whether a grant is needed.

The court publishes guidelines on waiving, remitting or postponing its fees.

• Summons for probate: UCPR Form 111.
• Draft grant of probate: UCPR Form 112.
• Wording of the published notice: UCPR Form 116.
• Renunciation of probate: UCPR Form 123.
• Caveat: UCPR Form 141.

SourcesSupreme Court of New South Wales: Filing Fees as at 1 July 2026 (Schedule of Fees, PDF) · Supreme Court of New South Wales: Fees · Supreme Court of New South Wales: Applying for a grant of probate · Supreme Court of New South Wales: Notice of intended application for probate, administration or reseal

New South Wales · general information · checked 10 October 2026

Where a person died without a will, the court's grant is called letters of administration.

The court also makes a grant called letters of administration with the will annexed. It describes this as the grant where there is a will but no executor available to apply.

The court explains both on its letters of administration page: Supreme Court of NSW · Applying for a grant of letters of administration

Letters of administration, by state →

SourcesSupreme Court of New South Wales: Applying for a grant of letters of administration

New South Wales

New South Wales · general information · checked 10 October 2026

• Law Society of NSW · Find a Lawyer: a search of NSW practices and solicitors who hold a current practising certificate. The Law Society says it does not give legal advice to the public itself.
• Legal Aid NSW says to start with LawAccess NSW, by chat or by phone on 1300 888 529, 9am to 5pm, Monday to Friday.

SourcesThe Law Society of New South Wales: Register of Solicitors · The Law Society of New South Wales: For the Public · Legal Aid NSW: Home page