When a loved one passes away, grief can hit hard. On top of that, someone needs to handle their legal and financial affairs. If the person left a will, probate is often the first step. In New South Wales (NSW), applying for probate gives the executor the legal right to manage the estate. That includes paying debts and passing on assets as outlined in the will.

This process isn’t always simple, but with the right knowledge and help, you can move through it with less stress. Whether you’re an executor or just planning ahead, this guide will walk you through everything—from documents to deadlines.

If you’re still sorting through early decisions like drafting a will or planning ahead, understanding how wills and estate planning work can help you get started on the right foot.

What Is Probate and Why Does It Matter?

Probate is a legal process. It confirms a person’s will is valid and gives the named executor the right to carry out the wishes in it. In NSW, probate comes from the Supreme Court. You apply to the court with the right forms, pay a fee and, if everything checks out, the court gives you a grant of probate.

So why is it needed?

Because banks, land titles and other institutions need to know who’s in charge before they’ll release funds or property. Without probate, you can’t access these assets—even if you’re listed in the will. The grant of probate proves to the world that you’ve got legal authority to deal with the estate.

Let’s break it down:

• Will exists: Executor applies for probate
  
• No will: Someone applies for letters of administration
  
• Court checks documents: Reviews will, death certificate, assets
  
• Grant is issued: Gives legal power to manage the estate

Once probate is granted, the executor can start handling the estate—paying off debts, dealing with tax, collecting funds and eventually distributing to beneficiaries. But none of that can happen until probate is in place.

Probate isn’t always needed. If the estate is small or the assets are jointly owned, it may not be required. Some banks will release small account balances without probate, but every institution has different thresholds. Property owned as joint tenants passes directly to the surviving owner, skipping probate entirely.

Still, many people in NSW do need to apply. Especially if there’s real estate or larger investments involved. Executors should always check with a lawyer or the asset holders to see what’s required.

A helpful next step is understanding the difference between probate and letters of administration, especially if you’re not sure what applies in your situation. Knowing the right process early avoids delays and legal problems later on.

Who Can Apply for Probate in NSW?

Only the executor named in the will can apply for probate. This is the person the deceased trusted to handle things. If more than one executor is listed, they can apply together or one may renounce their role. In some cases, a backup executor is named in case the first can’t or won’t take on the job. Executors can also choose to step aside before the application process starts, which is called renouncing probate.

Being an executor isn’t just a title—it comes with serious responsibilities. The court expects this person to follow the law, act fairly and manage the estate with care. That’s why not everyone is eligible.

To apply, the executor must:

• Be over 18
  
• Have the original will
  
• Have the official death certificate
  
• Be able to carry out the role (physically, mentally and legally)

They’ll also need to:

• Publish a notice of intention to apply
  
• Wait the minimum period (currently 14 days in NSW)
  
• Submit all required forms, including an inventory of property
  
• Lodge the application with the Supreme Court

Here’s a real example:

Case Study: Handling Probate as an Executor

Sarah was named executor in her late uncle’s will. He owned a home, had savings and a few debts. Sarah got a copy of the death certificate, published the required notice and waited the 14 days. She then gathered asset info and filed the forms. The court issued the grant. Sarah used it to sell the house, pay bills and give the rest to the beneficiaries.

Not every case is that smooth, but having a will and a capable executor makes a big difference. The more prepared you are, the less likely you’ll run into legal or financial roadblocks.

But what if there’s no will? Then it gets more complex. The court decides who can apply. This is why it’s crucial to understand what happens if you die without a will in Australia. The process becomes harder, slower and often more expensive—especially if there’s family conflict or missing documents.

Step-by-Step Process to Apply for Probate in NSW

Getting probate involves more than filling in a form. Let’s go through it step by step:

1. Locate the Original Will

You’ll need the original signed version. Not a copy. Keep it safe.

2. Get the Death Certificate

Order it through the NSW Registry of Births, Deaths and Marriages.

3. Value the Estate

Find out what the deceased owned and owed. This includes:

• Bank accounts
  
• Superannuation
  
• Property
  
• Shares
  
• Loans or credit cards

4. Publish a Notice of Intention

You must publish a notice online at least 14 days before applying. This alerts people like creditors or other family members.

5. Prepare the Application

Gather your documents:

• Original will
  
• Death certificate
  
• Inventory of property
  
• Executor’s affidavit
  
• Filing fee (based on estate value)

6. Lodge with the Supreme Court

Submit everything through the NSW Supreme Court’s online system or by post. Processing can take 4 to 8 weeks.

7. Receive the Grant

Once approved, the court sends you the grant. This is your legal proof.

From there, the executor can begin finalising the estate—selling property, paying off debts and distributing assets.

Getting through this process can be complex. That’s why choosing the right executor to manage probate is such a key decision when writing a will.

Executor Duties After Receiving Probate

Once probate is granted, the executor becomes the legal manager of the estate. This role carries serious duties. If they get it wrong, it can lead to legal trouble. Executors aren’t just ticking boxes—they’re responsible for making sure everything is done properly, on time and in line with the law. They must stay neutral, act in good faith and protect the estate’s value for the beneficiaries.

Here’s what executors must do:

• Pay Debts: Credit cards, loans, funeral costs
  
• Close Accounts: Cancel utilities, banks, memberships
  
• Sell Assets: If needed to cover debts or follow the will
  
• Distribute Inheritance: As listed in the will
  
• Keep Records: Track money, timelines and decisions
  
• Communicate with Beneficiaries: Keep them informed

They may also need to:

• Lodge tax returns for the deceased and the estate
  
• Maintain property until it’s sold or transferred
  
• Work with lawyers or accountants to value complex assets

Let’s say an executor delays payment of debts. Creditors can sue the estate. If they ignore the will, beneficiaries can go to court. The executor must always act in the estate’s best interest. Even small mistakes—like selling a property for less than its value or forgetting to pay a tax bill—can come back on them.

Here’s a tricky situation:

Example: Delayed Probate Creates Risk
Peter was named executor for his dad’s estate. He put off applying for probate for six months. Meanwhile, unpaid bills stacked up. When he finally applied, some assets had dropped in value. One of the beneficiaries took legal action for the delay.

Being an executor isn’t just a title. It’s a serious job with legal weight. Executors should follow court rules, avoid conflicts and act quickly. If they don’t, it can turn into a nightmare.

You can read more about common challenges when executors don’t follow probate rules and how to avoid these pitfalls. Executors who understand their responsibilities from day one are far more likely to carry out the role successfully and avoid disputes.

Timeframes, Costs and Key Deadlines

People often ask, “How long does probate take in NSW?” Here’s a rough guide:

• Notice of intention: Must be online 14 days
  
• Application: Best submitted within 6 months of death
  
• Processing: Court takes 4–8 weeks on average

If the application is late, you’ll need to explain the delay. Courts can still approve it, but may ask for more info.

What Does It Cost?

Probate fees depend on estate value:

• Under $100,000: No fee
  
• $100,000–$250,000: Around $800
  
• $250,000–$500,000: About $1,100
  
• $500,000–$1M+: $1,600 or more

On top of that, you may pay:

• Legal fees
  
• Valuation fees
  
• Advertising (for notice)

If the estate includes real estate, stamp duty might apply when transferring property to beneficiaries.

Delays, mistakes or missing paperwork can add weeks. Planning early can save time and stress.

Probate gets harder when the estate has no clear structure. These real-life estate planning errors that complicate probate show why good planning matters.

Tips to Make Probate Easier

Even though probate has rules, there are ways to make it smoother. The process can feel overwhelming at first, especially if you’ve never done it before. But with the right steps and a clear plan, it becomes far more manageable. Executors don’t have to do everything alone—knowing when to ask for help and how to stay organised can make all the difference.

Here’s what helps:

• Start Early: Don’t wait to collect documents. You’ll need the original will, death certificate, and a detailed list of assets and debts. Waiting too long can delay access to funds and cause unnecessary stress for beneficiaries. Some bills may still be coming in, and the sooner you’re ready, the easier it is to stay ahead.
  
• Be Organised: Keep track of deadlines and forms. Missing key dates—like publishing the notice of intention or lodging paperwork—can push the whole timeline back. Keep digital and physical copies of all documents.
  
• Talk to Professionals: Legal advice can save you trouble. A solicitor can walk you through the process, make sure forms are correct and even lodge them for you. They’ll also know how to handle unusual situations like overseas assets or missing documents.
  
• Keep Family Informed: Clear updates avoid fights later. Let everyone know what’s happening and when. Silence often leads to mistrust, even when things are going smoothly.
• Check the Will’s Validity: Signs of forgery or unclear parts may need court help. If something doesn’t look right—missing signatures, handwritten notes, or unclear instructions—get advice before applying.

For example:

• If the will was signed without witnesses, it could be invalid
  
• If two people claim the same asset, it might end up in court
  
• If you miss debts, beneficiaries may get less than they should

Many people think probate is just paperwork. But it’s tied to emotions, relationships and legal duties. A bit of guidance can go a long way. Executors who plan ahead and stay proactive are more likely to get through it with fewer delays and less drama.

FAQs About Probate in NSW

1. Do I always need probate in NSW?

Not always. Probate is only required when the estate includes certain types of assets that can’t be accessed without legal authority. This often includes property held solely in the deceased’s name, large bank balances, shares, or superannuation funds where no binding nomination was made. Institutions like banks, share registries and insurance companies usually ask for a grant of probate before they’ll release these funds to an executor.

However, if the estate is small or assets are jointly owned—like a bank account shared with a spouse—probate may not be needed. Some banks set internal thresholds. For example, one bank may require probate if the account balance is over $50,000, while another may only ask for it if it’s over $100,000. It’s best to ask each institution directly.

Also, probate may not be necessary if assets automatically pass to someone else under joint ownership or a valid beneficiary nomination. But if the estate involves real estate or if there’s any doubt about who should manage the estate, probate is usually required.

If the person died without a will, you won’t apply for probate—you’ll need letters of administration instead. That’s a different process with similar requirements. If you’re unsure, getting legal advice early can save you time, money and stress.

2. Can I apply for probate without a lawyer?

Yes, you can. In NSW, many executors apply for probate on their own, especially when the estate is straightforward and there’s no conflict among family members. The Supreme Court of NSW provides an online filing system and clear instructions to help you through the process.

But going solo means you take on all legal duties. You’ll need to gather the correct documents, complete each form properly, publish a notice of intention, and prepare a sworn affidavit. The court won’t correct your mistakes, and small errors—like listing the wrong asset value or missing a signature—can cause delays or rejections.

If the estate involves property, complex assets, foreign assets, or unhappy family members, it can get tricky fast. A lawyer can help make sure you don’t miss anything important and that you follow the proper steps. Legal professionals can also speed up the process by avoiding common mistakes that non-lawyers often make.

Some people start the process on their own but end up hiring a lawyer halfway through due to confusion or court requests. Consider how confident you are, how much time you have, and how complex the estate is. Legal support isn’t always required—but it’s often worth it.

3. What if there’s more than one executor?

When a will names more than one executor, all of them are expected to apply for probate together. Executors are equal in authority, and unless one steps aside, they must work as a team. This means they all sign the forms, share duties and make joint decisions about managing the estate.

In many cases, executors agree on roles. One may handle paperwork while the other deals with banks or real estate. But if there’s disagreement or confusion, things can stall quickly. Conflict among executors can delay probate, increase legal costs, or even lead to court intervention.

If one executor doesn’t want to act, they can renounce their role. This involves signing a legal document and stepping aside. In some cases, if one executor lives overseas, they might choose not to apply, which is often recommended to avoid complications.

If the remaining executor wants to appoint someone else—like a solicitor or trustee company—that’s possible, but they’ll need court approval. Above all, executors must put the estate first. They can’t act in their own interest or hold up the process for personal reasons.

Clear communication helps avoid tension. If you’re named with another executor, have an honest chat early to divide responsibilities and keep things moving.

4. What happens if someone challenges the will?

A will can be challenged, and if that happens, the probate process can be delayed or stopped altogether. In NSW, someone can contest a will if they believe it’s invalid or unfair. This usually happens when a family member feels they were unfairly left out or received less than they expected.

Challenges fall into two main types: a validity challenge or a family provision claim. A validity challenge argues the will wasn’t properly signed, the person lacked capacity, or someone influenced them unfairly. A family provision claim says the will didn’t provide fair support for someone the deceased had a responsibility to care for, like a child or partner.

If a challenge is made, the court may delay probate while it investigates. That could mean getting statements from witnesses, medical records, or even handwriting experts. It may also involve mediation or a court hearing. This process can take months or even years.

Executors still have duties during this time, like protecting estate assets and staying in contact with interested parties. If you’re worried about a challenge, speak to a lawyer early. Having a strong, well-drafted will and clear records of the person’s wishes can make a big difference in protecting the estate.

5. Can an executor be removed after probate is granted?

Yes, a court can remove an executor after probate is granted, but only in serious situations. Being an executor is a legal duty, and if someone fails to act properly, they can be replaced. Beneficiaries or other interested parties must apply to the Supreme Court and provide strong reasons.

Common reasons for removal include:

• Refusing to carry out the terms of the will
  
• Delaying the administration of the estate
  
• Using estate funds for personal gain
  
• Not keeping proper records or communicating with beneficiaries

Let’s say an executor is slow to sell property, won’t pay debts, or won’t share updates. If that creates financial harm or distress for beneficiaries, the court may intervene. But courts don’t remove executors just because of personality clashes or small mistakes. There has to be real harm or a breach of duty.

If removed, the court may appoint another named executor (if there’s one left) or an independent administrator. This process takes time and may reduce the value of the estate due to legal fees.

If you’re an executor, take the role seriously. Be honest, act fast, and communicate clearly. That’s the best way to avoid trouble and make sure the estate is handled properly

Take the First Step with Confidence

Applying for probate in NSW isn’t always easy. But it’s a process you can manage with the right steps, support and patience. Whether you’re an executor or preparing for your own estate, planning matters.

Probate brings legal structure to a tough time. It helps protect the deceased’s wishes and makes sure assets go where they should.

Need help or have questions? Visit Ignify Legal to get expert advice that’s tailored to your situation. It could save you time, stress and legal trouble down the line.

Please call us today at (02) 9413 4708 or submit an online enquiry.