Supreme Court of New South Wales

Probate

From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online.

Help for people wishing to file simple applications
Notices relevant to deceased estates in NSW that should be published online
Probate records from 1977 to date are kept at the Supreme Court.

Uncontested probate applications move online

From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online. 

Further information about filing an application online including key changes to the current process is available here.

Access Quick Reference Guides below:

Current processing times for probate applications

The Court's processing times for the week of 8 October 2024 to 11 October  2024 are:

Type of matter Filing date being assessed in the period
Probate, Reseal, Letters of Administration - cta, 1 August 2024 - 16 August 2024*
Letters of Administration 1 July 2024 - 1 August 2024
Answers to requisitions for routine matters 26 August 2024 -
9 September 2024 

Complex applications including any answers to requisition (for example, informal wills, copies of wills, presumption of death, limited purpose grants, or administration applications not being made by the next of kin)
30 May 2024 onwards
Exemplifications 30 business days from the date of lodgement

* Please note due to the operation of s 42(2)(b) of the Probate and Administration Act 1898, applications for probate cannot be considered until 14 clear days after the date of publication of the prescribed notice which is generated at the time of filing.  Accordingly, the earliest date that an application can be processed this week is 2 September 2024.

Application Delay

Delay is being experienced due to the high number of applications received and the availability of Registrars to assess the application.


Expedition requests

Requests for expedition may be made in appropriate circumstances, for example where the deceased sold a piece of real estate prior to their death that is due to settle soon. 

Requests for expedition by executors/administrators who sell real estate without having first obtained a grant will not be entertained.

Replies to requisitions are not expedited. They are dealt with in the usual workflow in accordance with the date of receipt.

Any request for expedition must be sent to sc.probate@justice.nsw.gov.au , marked to the attention of the Prothonotary, and include the following information:

  • Case number
  • Estate Name
  • Date of filing
  • Reasons in support of expedition.  If expedition is sought because:
    • the deceased sold real estate, the settlement date is required
    • the estate is involved in litigation, the date and listing type for the next listing is required
    • the sole person entitled is the surviving spouse or a minor child, financial hardship details are required
    • the deceased was the sole operator of a business, if there has been delay in applying for a grant, an explanation for the delay in applying for a grant is required

Filing fees

Details of the fees payable when filing probate documents or requesting registry services are available on this page.


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