Probate Application Checklist in NSW

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. For complex estates, it is worth getting legal advice before you start.

Step 1: Prepare the required documents

You will need the original will and any codicils, a certified copy of the death certificate, Form 111 (Summons for Probate), Form 118 (Affidavit of Executor), Form 117 (Inventory of Property) and two copies of Form 112 (Draft Grant).

Step 2: Complete the Affidavit of Executor

The affidavit needs to identify the deceased's signature on the will, disclose any informal documents or signs the will has been changed, set out the details of any partial intestacy, and list all NSW assets owned solely by the deceased.

Step 3: Lodge the application and pay the filing fee

Lodge the completed application with the Supreme Court of NSW 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.

What additional documents may be required?

Depending on the circumstances, the Court may also ask for affidavits of attesting witnesses, service affidavits, renunciations from executors who are not acting, or an administration bond.

What are the common mistakes to avoid?

The mistakes we see most often are filing copies instead of original documents, using incorrect names or omitting aliases, failing to address issues with executors who are not joining the application, and listing joint assets in the inventory when they should not be there.

How we can help

• Checking your documents are complete before lodgement, so requisitions are avoided
• Preparing the affidavit and inventory of property
• Lodging through the NSW Online Registry on your behalf
• Taking the whole application off your hands if you would rather not do it