Understanding The Probate Registry In NSW

When you’re applying for a grant of probate or letters of administration in New South Wales, you’ll need to interact with the Supreme Court’s Probate Registry. This is the division responsible for managing probate matters, including assessing applications, issuing grants, and keeping official records of Wills and estate documents.

At Nash Allen Williams & Wotton, we help executors and administrators work with this system confidently, ensuring their applications are lodged correctly and without delay.

What Is the Probate Registry?

The Probate Registry is a branch of the Supreme Court of NSW that oversees applications relating to deceased estates. Its core role is to validate Wills and authorise the administration of a deceased person’s assets.

This is done by issuing a legal document called a “grant of probate” when there is a Will, or “letters of administration” when there isn’t one.

Once a grant is issued, it gives the executor or administrator the legal authority to collect, manage, and distribute the estate according to the law or the terms of the Will.

When Do You Need to Deal with the Probate Registry?

You’ll need to go through the Probate Registry if:

You are the named executor of a Will and need formal recognition to manage the estate.
There is no Will, and you’re applying for letters of administration as the next of kin.
A grant is required by banks, superannuation funds, or other institutions before releasing the deceased’s assets.

Even if the estate is modest, many financial institutions still require a formal grant before releasing funds.

Which is why working with the Probate Registry is often an unavoidable part of the estate process.

What Does the Probate Registry Do?

The Registry reviews every application carefully to ensure it meets the legal requirements set out in the Probate and Administration Act 1898 (NSW) and relevant court rules. Its responsibilities include:

Reviewing probate and administration applications
Verifying the validity of Wills
Ensuring legal notices and deadlines have been properly met
Issuing grants that give legal effect to the executor’s or administrator’s authority
Retaining permanent records of Wills, grants, and estate documents

However, the Registry is not a general customer service desk.

While limited information is available on the Supreme Court website, it does not offer legal advice or help you prepare your application.

Documents Submitted to the Registry

Your application must include several key documents. These may vary slightly depending on whether you are applying for probate or letters of administration, but commonly include:

The original Will (if there is one) and any codicils
The death certificate
An inventory of property
An affidavit of executor or administrator
A certified copy of the published probate notice
The filing fee or exemption request

Missing or incorrect information can result in delays or a rejection of your application, so accuracy is critical.

How To Lodge a Probate Application in NSW

Lodging a probate application through the Supreme Court of NSW requires a series of steps to be followed in the correct order. Even small errors can result in delays, so it’s important to understand what’s required at each stage.

Prepare and publish a probate notice

Before submitting your application, you must publish a Notice of Intended Application for Probate (or Administration) on the NSW Online Registry. This must be done at least 14 days before you lodge your documents. The notice alerts creditors and other interested parties of your intention to apply and allows them time to respond if necessary.

Complete the probate application forms

Once the notice has been published, you can prepare your application. This includes completing the required forms and supporting documents, such as the original Will (if one exists), the death certificate, an inventory of the deceased’s assets, and an affidavit confirming your eligibility and responsibilities as executor or administrator.

Lodge the application with the Supreme Court

Applications must be lodged via the NSW Online Registry. You will need to register with the service before proceeding to the Probate section. All original documents and copies should be carefully compiled and submitted together to avoid processing delays.

Pay the court filing fee

A filing fee applies to most probate applications, and the amount will depend on the gross value of the estate. If the estate is small or the applicant qualifies for financial hardship, a request for fee reduction or exemption can be submitted. The fee must be paid at the time of lodgement.

If all documents are in order, the Probate Registry usually processes the application within 4–6 weeks. However, incomplete or incorrect submissions may be returned or require further clarification, causing delays.

Working with a solicitor can help ensure everything is prepared correctly from the outset.

Can You Speak to Someone at the Registry?

The Probate Registry does not offer phone advice or in-person consultation for application issues. Most communication occurs via mail or written correspondence. If you’re unsure how to complete a step, or if your matter is more complex, it’s often best to get legal advice.

Our solicitors assist clients across the Central Coast and beyond with completing probate applications, drafting affidavits, and ensuring that all Registry requirements are met from the outset.

Common Probate Registry Delays

Delays in the probate process can occur for a number of reasons, including:

Incorrect or incomplete documents
Filing too soon after publishing the probate notice
Disputes over the validity of the Will
Multiple executors not signing documents correctly
Lack of clarity around the deceased’s assets

Working with a solicitor early in the process can help avoid these issues and ensure your application proceeds smoothly through the Registry.

Do You Need a Solicitor to Lodge a Probate Application?

You are not legally required to use a solicitor, but the process can be complex—especially when dealing with larger estates, multiple beneficiaries, or missing documents.

Mistakes in the application may result in significant delays, and once lodged, correcting an error can be time-consuming.

Our team can prepare, review, and lodge all required documents on your behalf, ensuring compliance with Registry expectations. We also provide guidance on your responsibilities after the grant has been issued.

Talk to Us About Dealing With the Probate Registry

If you need help lodging a probate or administration application with the Supreme Court of NSW, talk to us. At Nash Allen Williams & Wotton, we provide clear and practical support to make your obligations easier to manage.

Get in touch with our Central Coast solicitors for step-by-step help with your probate matter.