Grant of Probate NSW – Complete Guide

Quick Summary

A grant of probate is a Supreme Court of NSW order confirming a will is valid and the executor’s authority to act. Not every estate needs one. This guide covers when probate applies, the application process, costs, timeframes, what happens after the grant, and where to go for detailed help.

On this page

• Introduction
• Definition
• What does a Grant of Probate Do
• Do you need Probate?
• Probate or Letters of Administration
• Process in NSW
• Time and Cost
• What happens after Grant of Probate is Issued?
• Across Australia
• When Probate Becomes a Dispute
• Should you apply for Probate yourself?
• Where to go next
• Talk to us before you file

 

Introduction

Being named as an executor usually arrives at the worst possible time. Within weeks of a death, you are expected to find the will, value the estate, deal with the Supreme Court, and answer to beneficiaries who want to know when they will be paid. A grant of probate sits at the centre of all of it.

This guide gives you the full picture of a grant of probate in NSW. Each section covers the essentials and points you to a detailed guide when you need to go further.

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Definition

A grant of probate is an order of the Supreme Court of NSW. It confirms that the deceased’s will is valid and that the executor named in it has authority to administer the estate. Uncontested applications are decided by a Registrar in chambers, so there is no court hearing, and the grant is sent to you by email.

Probate is only available where there is a valid will and an executor willing and able to apply. If there is no will, or no executor who can act, the Court issues a different type of grant. Applying for the wrong grant leads to requisitions and delay.

The Supreme Court’s probate fact sheet and the NSW Government’s guide for executors are the official starting points.

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What Does a Grant of Probate Do?

The grant turns the will into authority that institutions will act on. With it, the executor can require banks, share registries, retirement villages, and other asset holders to release the deceased’s assets. The executor can also sell or transfer real estate held in the deceased’s sole name.

Asset holders rely on the grant because the law protects them when they do. Section 91 of the Probate and Administration Act 1898 protects people who make payments to an executor on the strength of a grant. That is why most will not release significant assets without one.

The grant does not change the will. It gives the executor no power to alter who inherits, and it only covers assets located in NSW.

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Do You Need Probate?

Not always. The Supreme Court confirms there is no statutory requirement to obtain a grant in every case. Whether you need one depends on what the deceased owned and how they owned it.

A grant is usually needed for real estate held in the deceased’s sole name or as tenants in common, and for larger bank balances. Property held as joint tenants passes directly to the surviving owner. Superannuation is usually paid by the fund under its own rules, outside the estate.

Our guide on when probate is required in NSW explains how banks decide, which assets need to be declared, and when small estates can avoid a grant altogether.

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Probate or Letters of Administration?

The type of grant depends on two questions. Is there a valid will, and is there an executor able to apply?

Situation	Grant
Valid will with an executor able to act	Grant of probate
Valid will, but no executor able to act	Letters of administration with the will annexed
No valid will	Letters of administration

Each has its own rules about who can apply and what the Court needs to see. These guides cover each scenario:

• Grant of probate vs letters of administration compares the grants side by side.
• How probate without a will works in NSW explains the intestacy rules and who inherits.
• Grant of probate with will annexed covers wills with no available executor, copy wills, and informal wills.

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Process in NSW

Since 1 August 2023, most uncontested applications are filed online through the NSW Online Registry. The grant of probate process follows five broad stages:

1. Gather the documents. Find the original will and obtain the death certificate.
2. Value the estate. List every asset and debt as at the date of death.
3. Publish the notice. The Court cannot make a grant until 14 days after the notice of intended application is published, under Section 42(2)(b) of the Probate and Administration Act 1898.
4. File the application. Lodge the summons, affidavit, and inventory online, then deliver the original will to the Court.
5. Answer requisitions. Resolve any questions the Registrar raises until the grant is made.

You should apply within six months of the date of death. After that, you must explain the delay to the Court under Part 78 Rule 16 of the Supreme Court Rules 1970.

Our step-by-step guide to applying for probate in NSW walks through each stage in detail. For a printable version, download our free Probate Process Checklist for Executors from the grant of probate page.

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Time and cost

These are the two questions executors ask me most. In short:

Time

In late September 2026, the Supreme Court was assessing standard probate applications about two to three weeks after filing, with complex applications taking longer. Requisitions add further delay. Beneficiaries should generally expect distribution no earlier than six months after the date of death.

Cost

The Supreme Court filing fee ranges from nil for estates under $100,000 to $7,399 for estates of $5 million or more. Solicitors’ professional costs for obtaining the grant are fixed by regulation, and the costs are generally paid from the estate.

For the full breakdown, read how long probate takes in NSW and how much a grant of probate costs in NSW.

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What Happens After Grant of Probate Is Issued?

Once the grant of probate has been issued, the administration of the estate begins. What happens with a grant of probate from that point follows a set order:

• The executor collects the assets into an estate account.
• The estate’s debts, taxes, and expenses are paid.
• The executor publishes a notice of intended distribution.
• The estate is distributed to the beneficiaries.

Timing protects the executor. Section 93 of the Succession Act 2006 protects an executor from personal liability to a family provision claimant if three conditions are met. The executor must distribute at least six months after the death, publish a notice of intended distribution with a period of at least 30 days, and have no notice of a claim.

The executor’s duties and the beneficiaries’ rights at this stage are covered in two separate guides. Understanding the roles of grant of probate vs executor explains what executors can do, how they are paid, and how beneficiaries can hold them to account. How beneficiaries receive their money after probate explains the process from the beneficiary’s side.

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Across Australia

Each Australian state and territory has its own Supreme Court and issues its own grants. An NSW grant only covers assets located in NSW, and the Supreme Court of NSW will not make a grant if there are no NSW assets to administer.

Where the deceased owned property in more than one state, the original grant can often be resealed rather than starting again. Section 107 of the Probate and Administration Act 1898 gives a grant from another jurisdiction, once resealed in NSW, the same effect as an NSW grant. Legal Aid NSW explains the reseal process.

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When Probate Becomes a Dispute

Most estates are administered without conflict. When disputes do arise, they usually take one of three forms:

• A caveat. A person with an interest in the estate can lodge a caveat to stop a grant being made. It lasts six months under Part 78 Division 10 of the Supreme Court Rules 1970.
• A family provision claim. An eligible person can apply for a greater share of the estate within 12 months of the date of death under Section 58(2) of the Succession Act 2006.
• A dispute with the executor. Beneficiaries can apply for an order requiring the executor to produce accounts under Section 85(2) of the Probate and Administration Act 1898.

Most of these disputes can be resolved without a final hearing. Mediation is private, faster than litigation, and protects the estate from legal costs. Where a dispute cannot be settled, our contested estates lawyers act for executors and beneficiaries.

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Should You Apply for Probate Yourself?

There is no legal requirement to use a lawyer, and many executors of simple estates apply themselves. Risks include a requisition that stalls the application, a missing or informal will, or a claim that surfaces after you have paid the beneficiaries. Executors who distribute too early can be personally liable.

Our guide on whether you need a lawyer for probate in NSW sets out when the do-it-yourself route works and when advice is worth the cost.

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Where to Go Next

If you are…	Start here
Unsure whether the estate needs a grant	When is probate required in NSW?
An executor preparing to apply	Step-by-step guide to applying for probate
Dealing with an estate with no will	How probate without a will works
Dealing with a will but no executor	Grant of probate with will annexed
Budgeting for the application	How much does a grant of probate cost?
A beneficiary waiting on funds	How beneficiaries receive their money
Concerned about how an executor is acting	Grant of probate vs executor roles

Probate is also only one part of estate planning. A properly drafted will makes the process faster and cheaper for the people you leave behind. Our wills and estates team also prepares powers of attorney and enduring guardianship appointments.

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Talk to Us Before You File

Probate rewards preparation. A complete application moves through the Court in weeks, while an application with errors can sit in the requisitions queue for months. Estates with property, share portfolios, business interests, or family tension benefit most from getting it right the first time.

Buckley Lawyers handles grants of probate and letters of administration from the first search for the will through to final distribution. We start with a free 10-minute case review, give you a written estimate, and answer the phone when you call.

Contact us today or call 02 9220 1737 for 24/7 legal help to schedule a consultation.

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