FIND PROBATE LAWYERS SYDNEY

When a someone dies in Sydney, New South Wales, the person named as the Executor to the Will is required to apply for a Grant of Probate in order to distribute the deceased’s estate accordingly.

In this guide we explain how to apply for a Grant of Probate in Sydney, New South Wales outlining your responsibilities as an applicant.

 

Documents required to submit an application

The following documents are required (but may not be limited to), for filing a Grant of Probate application in Sydney, New South Wales:

  • Summons for Probate (Form 111)
  • Grant of Probate (Form 112)
  • Inventory of Property (Form 117)
  • Affidavit of Executor (Form 118)
  • the Will – including Codicils
  • Death Certificate.

 

The Process – Guidelines for Filing

In Sydney, New South Wales, applicants must wait a minimum of 14 days after the probate notice is published on the NSW Online Registry. This is the responsibility of the Executor to the Will and is also called a ‘Notice of intended application’.

A Grant of Probate permits the nominated Executor to the Will to legally manage and distribute a deceased person’s estate as per their directions outlined in their Will.

An estate must not be accessed until a Grant of Probate application has been approved and issued by the Supreme Court of New South Wales to the original applicant (Executor to the Will).

 

How long do I have to file?

The Executor to the Will must file an application for a Grant of Probate within 6 months of the deceased’s date of death.

Exemptions only apply where a reasonable explanation for a delay can be provided.

 

How to Apply

1. Obtain the forms outlined above from either

  • The Supreme Court of NSW Registry, or
  • The Uniform Civil Procedure Rules website – (UCPR).

2. Fill in the information required on the following forms:

  • Summons for Probate
  • Grant of Probate, and
  • Inventory of Property

3. Prepare the Affidavit of Executor and attach (annex), the Death Certificate and Inventory of Property. 

4. File your fully completed application with the Supreme Court of New South Wales either in person or by mail.

 

How much does the application cost?

Fees associated with applying for a Grant of Probate in Sydney, NSW include:

  • A Notice of intended application fee, and
  • A filing fee to submit an application to the Probate office

The filing fee will be based on the gross value of the estate. Further information regarding specific fees can be found here.

 

When can I expect a response?

While Grant of Probate processing times vary, you should expect to receive your Grant of Probate within 2-6 weeks of filing.

These processing time frames are an approximate estimate and are indicative of the average waiting periods for applications in Sydney, New South Wales.

 

Requisitions from the Court

If there are any issues with your application, you’ll receive a written requisition from the Court explaining the problems and how to rectify them.

It’s important to follow the application and form directions carefully as incomplete or incorrectly filed submissions may cause delays and extend processing times.

Reach out to us today to book a free consultation for all Will-related enquiries, our services or for further information regarding Grant of Probate applications and state-specific processes.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.

 

Need an Estate Planning Lawyer?

We understand you’ve got a lot to deal with right now – especially if you’re responsible for managing the affairs of your loved one.

When the funeral is over, you may need to apply for the right to deal with your loved one’s estate: their property, money and possessions. Let us help.

We can connect you with probate and estate planning experts to help you organise your estate and create the legal documents to protect you and your loved ones should you fall ill or pass away unexpectedly.

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About eziFunerals

eziFunerals supports individuals and families cope with end of life decisions, death and funerals. We are an independent, Australian-owned and operated company. We are not part of any other funeral company.

Our member Funeral Directors operate in Sydney, Melbourne, Brisbane, Perth, Adelaide and Australia wide. They are chosen for their knowledge, quality, service, personalisation and experience. They go above and beyond, and will take the time to support the family.

For more information or to make contact with a trusted Independent funeral director, call eziFunerals on 1300 236 402 or visit www.ezifunerals.com.au.