New South Wales Wills and Estates Toolkit

Legally Insightful · New South Wales toolkit · Sources checked 4 November 2026

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A practical starting point for dealing with a death, understanding probate and planning ahead in New South Wales. Work through the checklist at your own pace; ticking a box does not establish legal authority or complete a court requirement.

Detailed New South Wales guides

• Probate: process and preparation
• Executor duties and estate administration
• Dying without a will: intestacy

After-death checklist

0 of 10 tasks checked

Arrange immediate support for dependants and pets; contact the appropriate medical or emergency service.

Locate the original will and any codicils; record where they are kept.

Identify the executor or seek advice about who can apply to administer the estate.

Organise funeral arrangements and keep invoices and receipts.

Arrange the official death certificate and ask organisations what copies they require.

Make a secure list of assets, debts, insurance, superannuation and relevant contacts.

Notify relevant organisations and ask about their deceased-estate requirements.

Check whether a court grant is needed and review the local application process.

Keep a dated record of decisions, expenses and communications.

Before distributing assets, obtain advice about debts, tax, claims and the correct beneficiaries.

Ticks are saved only in this browser when storage is available. No names or estate details are requested. Use your browser’s Print option for a paper copy. This checklist is an organising aid, not a complete list of legal duties.

Probate and estate administration in New South Wales

Most uncontested NSW probate applications use the Supreme Court’s online service. The current online process publishes the notice of intended application when the application is filed. Do not rely on an older checklist that assumes a separate notice must always be published before online filing. Check whether there are NSW assets and ask each institution whether a grant is needed.

Official court guidance, application steps and current fees

If there is no valid will

Do not assume that the closest relative can immediately access accounts or divide the estate. Identify who may apply to administer it and confirm which succession rules apply before distributing anything. Family relationships, asset ownership and the date of death can matter.

Local information on estates and the applicable process

Planning ahead: wills and decision-making

In NSW, a power of attorney deals with financial and legal affairs. Enduring guardianship is a complementary appointment for personal, lifestyle and health decisions. Discuss both documents when planning for a future loss of decision-making capacity.

Official planning guidance and document information

For a will appointment, prepare a list of your assets and debts, the people you wish to provide for, and your proposed executor and substitute. Bring existing documents and explain any blended-family, business or overseas issues. Ask which assets will actually pass under the will and how your arrangements should be reviewed after major life changes.

When to get individual help

Seek advice early if a will is missing or disputed, debts may exceed assets, a beneficiary needs additional support, there are competing family claims, or property is held across jurisdictions. Check urgent deadlines with a lawyer; this page does not calculate them.

myGov: practical steps after a death

General information, not legal advice. This guide cannot determine your legal rights or whether a document or application is valid. Check the linked official guidance and obtain advice for your circumstances.