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Probate
The loss of a loved one is never easy, and dealing with legal matters during that time can be overwhelming. This guide explains what probate is, when it is needed and how the process works in NSW, step by step.
No consultation fee for probate. Enquiring is free.
What is probate?
Probate is the legal process of proving that a deceased person's will is valid and confirming the authority of the executor named in the will. Not every estate needs it - assets owned jointly typically pass automatically to the surviving owner without a grant.
What does an executor have to do?
An executor's responsibilities start well before any application is filed. They include accessing the will, registering the death, identifying the estate's assets and liabilities, notifying banks and other financial institutions, locating the beneficiaries, applying for probate, managing the estate's finances and, finally, distributing the assets.
How do you apply for probate in NSW?
Applying for probate follows four steps. First, prepare the probate application documents, including the original will, death certificate and inventory of property. Second, lodge the application with the Supreme Court of NSW - the Notice of Intended Application is published automatically when the application is submitted, so it no longer needs to be published separately beforehand. Third, respond to any requisitions the Court raises. Fourth, receive the grant of probate.
What happens after a grant of probate?
Once the grant issues, the executor has the authority to act. They can collect the estate's assets, close accounts, sell property, pay the estate's debts and distribute the remaining assets to the beneficiaries.
How long does probate take in NSW?
A straightforward application for a grant of probate is usually dealt with by the Registry within 4 to 6 weeks of lodging, although the Registry sets its own pace and timeframes can vary. Incomplete applications draw requisitions from the Court, which is the most common cause of delay.
How much does probate cost in NSW?
For applications filed in the 2026/27 year, the NSW Supreme Court filing fee ranges from nil, for estates under $100,000, to $7,399 for estates of $5,000,000 or more. Alongside it sits a $59 online notice charge and regulated solicitor costs set by Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015 (NSW) - about $5,022 on a $900,000 estate. All of these are expenses of the estate, paid from estate funds rather than by the executor personally. The full schedule is set out on our probate filing fees page.
Also see: Probate filing fees & costs, from 1 July 2026 · Applying for probate - a checklist · The NSW Probate Registry
How we can help
- Working out whether a grant is needed at all - some estates do not need one
- Preparing and lodging the probate application with the Supreme Court
- Responding to requisitions if the Court raises them
- Collecting assets, paying debts and distributing the estate
- Acting for executors who would rather hand the whole job over
Common questions
What happens if there is no will?
A person who dies without a valid will is said to have died intestate. Instead of probate, someone - usually the next of kin - applies for Letters of Administration, and the estate is distributed according to the formula in the Succession Act 2006.
What assets are not included in probate?
Jointly owned assets pass automatically to the surviving owner, so they sit outside probate. Superannuation and life insurance also typically go directly to the nominated beneficiaries rather than through the estate.
Can probate be contested?
Yes. Challenges can involve claims that the will is invalid, that the will-maker lacked mental capacity, that there was undue influence, or a Family Provision Claim by someone who believes they were not properly provided for.
How long do I have to apply for probate?
Applications should be made within six months of the date of death. If you are applying later than that, the Court will usually want an explanation for the delay, so it pays to start early.
This is general information, not legal advice. Every situation is different - for advice on your matter, request an initial consultation. Enquiring is free, and there is no initial consultation fee for probate matters.
Request your initial consultation.
Sit down with a solicitor, tell your story, and leave knowing where you stand. Enquiring is free, there is no consultation fee for wills, conveyancing, powers of attorney, deceased estates or contested estates, and for other matters an initial consultation is $275 - full costs explained before any work begins.