Get a grant of probate or letters of administration
You will usually need to apply for either a grant of probate or letters of administration, depending on the circumstances of the will.
Apply for a grant of probate or letters of administration
Probate is a court order made by the Supreme Court of NSW which:
- confirms that the will is valid
- permits the executor to distribute the estate as described in the will.
Find out when you need a grant of probate.
If it’s required, you'll need to have a list of all assets before you submit your application.
Property cannot be distributed until you are granted probate. Learn more about applying for a grant of probate.
You’ll need to follow a different process if there was no valid will or if there were no executors named or able to act. This is known as applying for letters of administration.
When you need a grant of probate
Some estates do not need to go through the probate process.
Generally you'll need to apply for a grant of probate if:
- the assets are owned solely by the person that has died
- assets are over a certain amount.
You will not need to apply for a grant of probate if:
- all assets are shared with a single person
- the total amount of assets doesn't exceed a certain amount.
Shared assets means that the asset (for example, house, bank accounts, or shares) are jointly owned. This is often the case for people who have been married.
The executor is legally responsible for probate. To be sure about whether you need to apply for a grant of probate, talk to a lawyer.
Learn more about whether you need to apply for probate at LawAccess NSW.
Applying for a grant of probate
Submitting an application
Before you submit the documents with the NSW Supreme Court, you need to submit a notification.
The notification is displayed on their website, and is a declaration of your intention to administer the estate.
To submit an application for a grant of probate, you will need to follow a process that includes:
- gathering supporting documents
- publishing a probate notice
- waiting 14 days
- submitting a probate application
- responding to Requisitions from the court.
The fee for applying for a grant of probate will depend on the value of the assets.
If an application for probate is filed after 6 months from the date of death of the deceased, an explanation for the delay must be given to the court.
Learn more about how to apply for probate at LawAccess NSW.
Time it takes for a grant of probate
Check the current processing times for probate at the NSW Supreme Court.
Probate will take longer if the court documents are not complete or unclear.
In this case, the Supreme Court will ask for more information and process the grant of probate when the information is complete.
Applying for letters of administration
You will need to apply for letters of administration if:
- there is no will
- the will is not valid
- there are no executors named in the will
- the executor doesn’t want to, or is unable to, act.
You can find more information about applying for letters of administration at LawAccess NSW.