Probate is a grant from the Supreme Court of New South Wales that confirms the Will is valid and authorises the executor to manage and distribute the estate. Most applications are filed through the NSW Online Registry. If the application is lodged more than six months after death, the Court requires an explanation for the delay.
If the deceased had no valid Will, an eligible person may apply for letters of administration. The process has extra steps compared with a standard grant of probate. This article explains the probate process in NSW, what happens after probate is granted, and key duties for executors and trustees. It is general information only. Please get advice from a probate lawyer about your situation.
Is a Grant of Probate Necessary in NSW?
A grant may not be required for small and simple estates. Property held as joint tenants usually passes to the survivor once the death is recorded with NSW Land Registry Services using the correct Notice of Death or survivorship process. Financial institutions may also release modest balances after they see the death certificate and indemnity forms, but policies differ, so always check with the bank.
Generally, if the estate is not small, or there is a risk of a claim, the executor should seek a grant of probate.
NSW Probate Process: Notices, Timing, and Required Documents
When to apply: File the probate application within six months of the date of death. If later, include an explanation in the executor’s affidavit or a separate affidavit of delay.
Notices: A Notice of Intended Application must be published via the NSW Online Registry. You must wait at least 14 days after the notice is published before filing your application. The Online Registry handles publication and requires an account.
Core documents:
- Summons or application for probate
- Original Will and any codicils
- Affidavit of executor with the death certificate and inventory of property listing assets and liabilities
The Court filing fee depends on the sworn gross value of the NSW estate and is set on a tiered scale reviewed annually. Always check the current schedule before filing.
Executor Duties NSW: Protecting Yourself Before Distribution
Executors must act with care and diligence, pay debts in the correct order, and follow the Will. To reduce personal risk, publish a Notice of Intended Distribution through the NSW Online Registry and allow the notice period to run before distributing assets. This gives potential claimants and creditors a set timeframe to come forward and can protect the executor if claims arise later.
What Happens After Probate Is Granted in NSW?
After the Court issues the grant and the distribution notice period expires, the executor can call in assets, pay estate expenses and taxes, and distribute in line with the Will. Seek legal or tax advice before transferring assets that may trigger stamp duty or capital gains tax. For major assets like real estate or large shareholdings, get guidance on timing and insurance to preserve value. The Court expects straightforward estates to be administered within about one year of death unless the estate is complex.
Key Checks Before Distributing Estate Assets
- All debts have been identified and paid in the statutory order
- Enough funds are retained for contingencies such as tax and professional fees
- All beneficiaries are identified and minor beneficiaries’ shares are held on trust as needed
- The minimum distribution notice period has expired and any claims have been resolved
- A distribution statement is prepared and approved by all beneficiaries
Letters of Administration NSW: If There Is No Will
If there is no valid Will or the executor cannot act, an eligible person may apply for letters of administration. The Online Registry is used for the initial probate notice and for subsequent steps. The same duties of care and risk-management apply once the administrator is appointed.
Probate Fees NSW: Check the Current Schedule
Filing fees are based on estate value brackets and change on 1 July each financial year. Always confirm the latest amounts before filing because outdated fee tables circulate online.
Clear Next Step: Talk to a Probate Lawyer in NSW
If you are an executor or beneficiary and need help with probate or estate administration in NSW, get tailored advice before you act. A short consult can prevent delays, reduce risk, and speed up distribution to beneficiaries.
Call V.S. George Lawyers at 02 9150 6991 or email our probate team at ad***@**********om.au for a confidential review of your next steps today.
FAQs: Probate NSW
How long after publishing the probate notice can I file the application?
At least 14 days after the Notice of Intended Application is published on the NSW Online Registry.
What if I miss the six-month deadline to apply for probate? Provide an explanation for the delay in the executor’s affidavit or file a separate affidavit of delay. The Court can still issue the grant.
Do I need probate to transfer a jointly owned home?
Usually not if the property was held as joint tenants. You lodge the Notice of Death or survivorship documents with NSW Land Registry Services.
How do I protect myself from late claims before I distribute?
Publish a Notice of Intended Distribution via the Online Registry and wait the required period. This can safeguard you from personal liability if a later claim arises.
How long does estate administration take after probate is granted?
Simple estates are generally expected to be finalised within about a year of death. Complex estates can take longer.