How to apply for probate in NSW: steps, fees and timing
If your loved one has passed away in New South Wales and named you as executor, the Supreme Court of NSW is where you apply for probate. Most uncontested applications are now made online. This guide sets out the steps as the court and the NSW Government describe them, with the fees that apply from 1 July 2026. We read every page listed under Sources on 3 November 2026.
First, check whether you need a grant
The court’s fact sheet “Applying for a grant of probate” says there is no statutory requirement to get probate in every case. Whether you need one depends on the type, size and value of the assets in NSW.
- Real estate. If your loved one owned real estate in their sole name, or a share as tenants in common, a grant is required to deal with it. The certificate of title shows how the property was held.
- Joint tenancy. Property held as joint tenants passes automatically to the surviving joint owner. If everything was held that way, there is no need for a grant.
- Smaller amounts. Some asset holders will release smaller amounts without probate, for example after seeing the original death certificate and will and having you sign a declaration or indemnity. Each bank, super fund and insurer has its own rules, so ask each one.
- Super and life insurance. These generally do not form part of the estate, although the court notes that a trustee may still ask for a grant before deciding who receives the money.
The court can only make a grant if the person left assets in NSW. Neither the court nor the NSW Government page gives a dollar figure below which probate is never needed, so treat any figure you hear elsewhere with care.
If there is no will, or no executor who can act, the application is for letters of administration instead. An executor who does not want the role can renounce (UCPR Form 123), but the court says an executor cannot renounce once a grant has been made.
Watch the 6-month mark
The NSW Government says you will usually need to apply within 6 months of the death. The court’s fact sheet explains that if you file after 6 months, you must give the court an explanation for the delay, either in your affidavit or in a separate Affidavit of Delay. It is not a bar to applying, but it is one more document to prepare.
The steps
The NSW Government’s grant page summarises the process as: gather your documents, publish a notice, wait 14 days, submit your application, then respond to any requests from the court. Here is each step in a little more detail.
1. Set up an Online Registry account
Since 1 August 2023 most uncontested applications must be applied for and filed online through the NSW Online Registry. You need an account to publish the notice and to file. The court’s probate page links to guides on creating an account, uploading documents and generating the affidavits and summons.
2. Gather your documents and information
- The original will and any codicils. The court says the original must be filed with the application and is kept by the court. Leave it exactly as you found it.
- The death certificate.
- A list of all the assets and debts, with values. The NSW Government says the fee depends on the value of the assets, so you will need these figures.
- Details of every executor named. If not all of them are applying, the affidavit must explain why (for example, a death certificate for an executor who has passed away, or a signed renunciation).
- Anything unusual about the will. The court’s fact sheet covers applying on a copy of a will, an informal will, an undated will and handwritten changes. Each needs extra evidence. If the person married after making the will, the court says to get legal advice, as marriage may revoke a will.
A simple asset register started now will make the affidavit and the fee calculation much easier.
3. Publish the notice of intended application
Before filing, you must give at least 14 days’ notice of your intention to apply. The court’s notice page says to:
- search the Online Registry first for an existing notice for the estate (the search is free);
- check the notice very carefully, because you cannot edit it after you pay for and publish it;
- expect a fee for any amendment after publication.
The notice gives creditors, people who may make a family provision claim and anyone holding a later will a chance to come forward. The Online Registry says errors should be raised within 14 days of publication, and a corrected notice starts the 14 days again.
4. Wait at least 14 days, then file
Once 14 days have passed, file the summons, affidavit and supporting documents through the Online Registry and pay the filing fee. The court says it will not consider requests to speed up an application before that 14-day period, and it does not expedite replies to requisitions. It may consider expedition in some cases, such as a property sale your loved one agreed to before passing away that is about to settle.
5. Answer any requisitions
A registrar reviews the application. If something is missing or unclear, the court sends a requisition. Answer it carefully and keep a copy of what you sent and when. The NSW Government lists this as the last step before the grant.
Fees from 1 July 2026
These are the Supreme Court’s uncontested probate filing fees from the fee schedule dated 1 July 2026, based on the value of the estate. The court says its fees are GST exempt.
| Estate value | Fee |
|---|---|
| Under A$100,000 | Nil |
| A$100,000 to under A$250,000 | A$960 |
| A$250,000 to under A$500,000 | A$1,303 |
| A$500,000 to under A$1 million | A$1,999 |
| A$1 million to under A$2 million | A$2,663 |
| A$2 million to under A$5 million | A$4,439 |
| A$5 million or more | A$7,399 |
The same schedule lists the online notice of intended application at A$59, amending and republishing a notice at A$23, and an exemplification of an electronic grant at A$79. Fees change each 1 July, so check the court’s current schedule before you file.
How long it takes
The court publishes a weekly processing update on its probate page. In the latest update when we checked on 3 November 2026, for the week of 19 to 23 October 2026, it was assessing probate applications filed between 9 and 15 October 2026, and letters of administration filed between 13 August and 1 September 2026. Add at least the 14-day notice period before that, plus time to gather documents.
After the grant
The NSW Government’s guide for executors explains what comes next. Once the grant is made you can collect the assets, sell or transfer them, and pay the debts. If you receive a digital grant, the court’s probate page has a link where it can be verified.
- Debts come first. The guide warns that an executor may have to pay a shortfall personally, including tax debts owed to the ATO, if debts are not paid before distributing.
- Notice of intended distribution. The Online Registry lists this optional notice (UCPR Form 114), which is published after the court has dealt with the application and gives creditors 30 days. It says the notice may protect you from personal liability.
- Land. NSW Land Registry Services lists a Notice of Death (form 02ND) where your loved one owned land as a joint tenant, and a Transmission Application (03AE) so an executor or administrator can be recorded on the title after the grant. Its 2026-2027 fee schedule lists these dealings at A$166.60 (A$182.73 including GST).
- Vehicles. Service NSW handles registration transfers at a Service NSW Centre using the Application for Transfer of Registration. It says there is no transfer fee or stamp duty when the registration goes to the executor, a beneficiary, the next of kin or a surviving joint operator.
- Finishing up. The guide says an estate can take as long as 12 months to finalise, and sometimes longer.
Time limits to ask about
These are flags, not a calculator, and not advice. The NSW Government’s guide says an executor shouldn’t distribute the estate any earlier than 6 months after the date of death, and 30 days after a notice of intended distribution is published. It also says a family provision claim must be filed within 12 months of the date of death. These points follow the NSW Government’s guide rather than the wording of the Succession Act 2006 itself, so please confirm the exact rules with a NSW solicitor before you distribute anything.
Keep a record as you go
For each step, write down the date, the document, any reference number and what happens next. The NSW Add-on (A$19) is a spreadsheet with a NSW checklist, a forms register, a notices and key dates tracker, property and vehicle notes and a list of questions to take to a solicitor. It sits beside the All Ends Tied Workbook (A$39), which holds the main asset, debt and contact records for the estate. If you would like to start with something free, the Starter Kit has a First 14 Days tab and a register of who you have told.
For the other states and territories, see executor resources by state.
Common questions
Do I need probate in NSW?
Not always. The Supreme Court of NSW says there is no statutory requirement to get probate in every case, and some asset holders release smaller amounts without it. A grant is required to deal with real estate held solely in the person's name or as tenants in common. Ask each bank, super fund or insurer what it needs.
How long do I have to apply for probate in NSW?
The court's fact sheet says that if you file more than 6 months after the date of death, you must explain the delay to the court, either in the executor's affidavit or in a separate Affidavit of Delay.
How much does probate cost in NSW?
From 1 July 2026 the court's uncontested probate fee depends on the estate's value: nil under A$100,000, then A$960, A$1,303, A$1,999, A$2,663, A$4,439 and A$7,399 for A$5 million or more. The online notice is A$59. Check the current fee schedule before you file.
How long does a NSW grant take?
The court publishes its current processing times. For the week of 19 to 23 October 2026, it was assessing probate applications filed between 9 and 15 October 2026. The court will not consider a request to speed things up before the 14-day notice period has passed.
New South Wales tabs: official links, checklist, forms register, key-dates tracker, property and vehicle notes and solicitor questions.
Sources
- Supreme Court of NSW: Probate (online filing and processing times)
- Supreme Court of NSW: Applying for a grant of probate (fact sheet)
- Supreme Court of NSW: Notice of intended application
- Supreme Court of NSW: Fees from 1 July 2026 (PDF)
- NSW Online Registry: Probate notices
- NSW Online Registry: Available forms
- NSW Government: Get a grant of probate or letters of administration
- NSW Government: Guide for executors
- NSW Land Registry Services: Notice of death
- NSW Land Registry Services: Fees 2026-2027 (PDF)
- Service NSW: Transfer a vehicle registration after a death