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From 1 August 2023 most applications for an uncontested grant of representation must be applied for and filed online. The service will be made available via the Probate tab on the Supreme Court website and on the NSW Online Registry website. New users will be required to register for an account.
The guided service is simple and intuitive and will assist applicants to easily provide the evidence that is required for a grant to be determined, ensuring that uncontested probate matters are processed quickly and accurately.
Access to the service will be made available in early July 2023 to enable applicants to explore the guided pathway and become familiar with any changes. A further announcement will be published soon advising when the service will be available.
Key changes
Notice of Intended Application: | |
Current process | New process |
Applicants are required to lodge notice of an intended application at least 14 days prior to filing a summons. | With the introduction of the new Probate service, a notice of intended application will automatically be generated when an applicant files an online application.
If a notice of an intended application has already published notice, all paper-based applications for a grant will need to be filed prior to 1 August 2023 to avoid having to resubmit using the new Probate system and a further notice being published. If it is anticipated that an application for a grant will be filed after 1 August 2023, it is recommended that a notice of intended application is not lodged independently of a summons and the new Probate system is used. |
Forms – Summons and Affidavits: | |
Current process | New process |
Paper-based forms are completed and filed in the registry. | The new Probate system will generate the summons, affidavit of executor/ administrator, inventory of property, and grant based on the answers provided in the application. This will need to be downloaded, signed and filed via the online system. The guided pathway will also enable additional affidavit evidence to be uploaded. |
Grant of Probate or Administration: | |
Current process | New process |
Applicants are required to prepare the documents for sealing and provide a self-addressed postage paid envelope for the grant to be posted back. | The new Probate system will generate these documents and place a digital seal on each page. Copies of the grant will be immediately available for download from the online system once the registrar is satisfied that a grant should issue. |
Supporting documentation such as wills and codicils: | |
Current process | New process |
The original version of all testamentary documents are filed with the Court. | Copies of testamentary documents such as wills and codicils must be scanned and uploaded into the new Probate system.
The original version of all testamentary documents must also be filed with the Court. These documents may be delivered by post or in person to the Supreme Court Registry. |
08 Sep 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.