Probate Application NSW
Apply for a Grant of Probate in Sydney

Probate is a legal term that refers to the process by which the Supreme Court of NSW certifies that:

• A Will is valid and can be acted upon

• The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.

In determining whether you need a Grant of Probate in NSW, you can:

• Contact the institutions holding the assets of the deceased and ask whether they require a Grant in order for you to deal with the property.
  • If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate
• Contact Probate Consultants for a free consultation

There is no requirement to apply for Probate in New South Wales in order to administer the estate of someone who has passed away. Probate is only required if an asset-holder or other institution (ATO, Centrelink) has requested it.

Probate is a legal process where the Supreme Court of NSW certifies that:

• A Will is valid and can be acted upon
• The executor(s) named in the Will have the authority to finalise the deceased person’s estate. This includes all property, assets and any debt.

Once an application for Probate is lodged with the Supreme Court of NSW, it is processed within 10-12 weeks (including 14-day advertisement period).

If the application is successful, the Grant of Probate is issued immediately and is accessible online via the Court’s Probate Platform.

If there are any questions, issues or concerns that need to be addressed in relation to your application, the Registrar will raise a requisition for further information to be provided. Once answers to the requisition have been filed with the Court, they will be reviewed within 3 months. Having to answer requisitions can cause significant delays to the application process.

Probate of a Will is the process by which the validity of a Will is proved to the Supreme Court of NSW.

Probate of a Will is granted to the executor(s) who proved the Will. They are issued with a Grant of Probate which is evidence of their authority to deal with the property and assets in the deceased person’s estate. The estate must be administered in accordance with the wishes of the deceased as set out in the Will.

Once the executor(s) receive the Grant of Probate, they can begin administering the deceased person’s estate immediately.

This involves:

• Collecting all property and assets
• Paying any debts
• Distributing the assets according to the Will

Funds can be distributed to the beneficiaries named in the Will once the assets of the estate have been collected, and any debts have been paid.

While executors can administer the deceased estate as soon as Probate is granted, many choose to publish a Notice of Intended Distribution on the NSW Online Registry before distributing any assets. This provides notification that the executors intend to distribute the estate once:

1. Six months have passed since the death of the deceased; and
2. The Notice has been published for 30 days

Persons who wish to claim against the estate generally have to do so within the above time frames. Once the Notice has been published for 30 days and after 6 months from the date of death, executors can distribute the property in the estate having regard only to the claims of which they are aware at that time.

Note: Where there is any concern about the Will being challenged or the possibility of a claim, we recommend seeking legal advice prior to administering the estate.

Applying Yourself
If you were to apply yourself, without engaging a solicitor or using Probate Consultants, you would pay the following:

• Advertisement fee – $53
• Filing Fee (based on gross value of the estate)

• $0: Less than $100,000
• $863: More than $100,000 but less than $250,000
• $1,171: More than $250,000 but less than $500,000
• $1,797: More than $500,000 but less than $1,000,000
• $2,394: More than $1,000,000 but less than $2,000,000
• $3,991: More than $2,000,000 but less than $5,000,000
• $6,652: More than $5,000,000

Solicitors
There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.

When considering a price quote from a Solicitor, ensure the following has been included:

• GST
• Costs & Disbursements
  • Advertisement Fee
  • Filing Fee
  • Other

Probate Consultants
We charge all Australians the same Fixed-Fees regardless of the value of the estate. You have complete certainty over the total out-of-pocket cost involved in obtaining Probate from the beginning – no surprises.

The total cost involved in applying for Probate in NSW includes:

• Our Fixed-Fee:
• • $1,888 inc GST: Conventional Applications
  • $2,288 inc GST: Complex Applications
• Advertisement Fee
• Supreme Court Filing Fee

There are three ways to apply for a Grant of Probate:

• Instruct a solicitor to act on your behalf
• Authorise a Trustee Company to act as the executor or administrator
• Prepare the Application yourself as a Self-Represented Applicant

Many people don’t realise that you can apply for Probate yourself as a self-represented applicant. Whilst some executors feel confident completing the application themselves, others prefer support and guidance throughout the process. This is where Probate Consultants shines. We have made Probate easy and seamless with specialist assistance every step of the way.

Someone who passes away without a valid Will has died intestate. To deal with the property and assets they have left behind, someone who is entitled to benefit from the estate, usually the deceased’s closest next-of-kin, can apply for Letters of Administration.

Letters of Administration are issued by the Supreme Court of NSW to the person(s) legally entitled to deal with the property and assets of someone who has died intestate. This person is appointed Administrator of the estate.

Probate Filing Fees are paid to the Supreme Court of NSW in order to lodge an application for Probate. This is what it costs in order for the Court to process the application, and if successful, grant Probate of the Will.

The Filing Fee payable for an application is determined by the total value of assets held in New South Wales. The higher the value of the NSW assets in the estate, the higher the cost of the Filing Fee.

Assets do not go through Probate. Wills go through Probate and the application involves the disclosure of assets and liabilities owned by the deceased at their date of death.

There is no requirement to apply for Probate in order to administer a deceased estate. Probate is only required in NSW if there are asset-holders or other institutions that have requested a Grant of Representation before allowing access to the estate.

Please Note:

A deceased person’s estate consists of real estate and personal property they owned solely or as tenants in common.

Property and assets owned jointly with another person do not form part of the estate as ownership automatically passes to the surviving owner.

In NSW, joint assets are noted in the Probate application.

Yes, you can apply for Probate yourself without a solicitor as a Self-Represented Applicant.

To see what’s involved in preparing your own application for Probate you can visit the NSW Supreme Court Website here.

If you want to apply for Probate as a self-represented applicant and would like assistance with the process, call us on 1300 561 803 for a Free Consultation. We are here to help in any way we can.