Probate Application Checklist in NSW

If you’ve been named as executor of a Will in New South Wales, one of your first responsibilities may be applying for probate. This checklist outlines the key steps and documents needed for a standard probate application. It’s written to guide you through the process clearly and efficiently, without overwhelming you with unnecessary detail.

If the estate is particularly large, complex, or involves unusual circumstances (such as a missing Will), it’s best to get legal advice. Our team can prepare and lodge your probate application on your behalf and help you smooth over any complications.

What Is Probate?

Probate is a legal process where the Supreme Court of NSW formally recognises a person’s Will as valid and authorises the named executor to manage the deceased’s estate. Once probate is granted, the executor can begin collecting assets, paying debts, and distributing inheritances.

You can read more on our NSW Probate page.

Checklist for Lodging a Probate Application in NSW

1. Prepare the Required Documents

To lodge your probate application, you’ll need the following original documents and forms:

If there are any issues with other executors (e.g. someone renounces or doesn’t want to act), additional forms such as Form 123 (Renunciation) or affidavits may be required.

2. Complete the Affidavit of Executor

This is a sworn statement that confirms the executor’s role, the validity of the Will, and the known assets and liabilities of the estate.

• You must identify the deceased’s signature and confirm the Will was properly executed.
• If any beneficiaries or executors have died, include death certificates.
• If there are informal documents (like handwritten notes) or signs the Will may have been changed or revoked, these must be disclosed—even if you don’t want to rely on them.
• Detail any partial intestacy (where parts of the estate are not covered by the Will).
• List all assets in NSW owned solely by the deceased, including bank accounts, shares, and real estate.

3. Lodge the Application and Pay the Filing Fee

Previously, you had to publish a notice of intention to apply for probate. This is no longer necessary as the notice is automatically published when you submit your application. The 14-day notice period still applies, and your application will only be processed once this has passed.

Probate filing fees are based on the gross value of the estate. Property held as joint tenants or located outside NSW is not included.

Additional Documents That May Be Required

Depending on your situation, you might also need:

• Affidavit of attesting witness, if the Will lacks a proper attestation clause or appears altered.
• Affidavit of service, if other interested parties need to be formally notified.
• Renunciations or consents from non-applying executors or affected beneficiaries.
• Administration bond and sureties, if applying for a limited grant or if the Will leaves out part of the estate.

If the original Will cannot be located, or there is a need to prove a copy, additional affidavits and undertakings are required. See Succession Act 2006 (NSW) and Probate and Administration Act 1898 (NSW) for more.

Common Mistakes To Avoid

• Filing copies instead of original documents.
• Using incorrect names or omitting aliases in notices.
• Failing to address issues with non-joining executors or informal documents.
• Listing joint assets (which pass outside the estate) in the main inventory.

Double-checking your application before lodging can save time and avoid requisitions from the Court.

Talk to Us About Probate Applications

Probate can seem like a lot to manage during an already difficult time. At Nash Allen Williams & Wotton solicitors, we can handle the paperwork for you, respond to any Court queries, and ensure your application is submitted correctly the first time.

Get in touch with our probate team for advice tailored to your situation.