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Probate is a court process connected with proving a will and the executor’s authority. It is one part of administering an estate, not a label for every task after a death. This guide helps you organise questions about the New South Wales process.
Start with the right application
Three situations should be kept distinct: a valid will with an executor who can act; a valid will but no executor available to act; and no valid will. These may lead respectively to probate, administration with the will annexed, or administration on intestacy. A missing original, disputed will or unusual appointment needs individual advice rather than a guess based on a form title.
NSW applications start with the Supreme Court’s online probate guidance. Most uncontested applications use the online service. Follow its instructions about the original will, evidence and any additional information requested. A notice of intended application is published through the current online filing process; older instructions describing a separate pre-filing notice may not match it.
Official New South Wales court guidance
Questions to settle before filing
- What assets are actually part of the estate, where are they held, and how are they owned?
- Which organisations require a grant before releasing or transferring an asset?
- Is the document found the last will, and are there codicils or questions about its execution?
- Who is entitled and willing to apply? Are there other named executors?
- Has a grant already been issued elsewhere, and is resealing relevant?
Build a preparation file
Use separate folders for identity and death records, testamentary documents, asset information, debts, and court correspondence. Create a short index showing what you have, where the original is kept and what remains unresolved. This is a preparation method, not a statement that every item must be filed or that the list meets the court’s requirements.
Keep a table with the organisation, asset description, ownership evidence, date of valuation and the organisation’s stated document requirements. Mark estimates clearly. Do not silently turn an uncertain figure or relationship into a definite statement in an affidavit.
Follow the current court sequence
Use the linked court instructions to check notices, waiting periods, forms, witnessing, originals, lodgement and fees. Make a separate list of anything the registry asks you to correct. A request for further evidence is something to address, not a reason to submit the same material again unchanged. Get advice if you do not understand what is required.
A situation worth checking
A person leaves a will naming an executor, but the executor cannot act. That is a different application problem from having no will at all. Ask about administration with the will annexed rather than treating the estate as intestate.
Fees, timing and what happens next
Check current court fees directly and ask any professional for the scope and basis of their charges. Court processing time is different from the time needed to finish the estate. Do not promise beneficiaries a payment date based only on an estimated grant date.
After a grant, there can still be work involving collection, liabilities, tax, claims, transfers and accounting. Ask your adviser what must be resolved before any distribution. A grant should not be treated as confirmation that every proposed payment is safe.
Questions for your appointment
Take a one-page summary of the will, family, assets and outstanding problems. Ask: Which grant fits? What evidence is missing? What deadlines apply? Which tasks can I do, and which should you handle? What could change the cost or timetable?
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