Request a Grant of Probate in 9 Steps

A Grant can be of two types. One is a Grant of Probate and the other is the Letters of Administration. The first one is required when there is a Will while the latter is needed in the case of intestate (no Will). Each of these situations demands different approaches. Simply put, every legal process is nothing but a chain of actions done to satisfy the various conditions. 

Now assuming there is a Will and you are named as the executor, you must take the first approach, which is the Grant of Probate. But do you know what it means, what it does, and how to apply for it? 
You can breeze through the Probate process if you know the answers to these questions.  However simple the process of the Grant of Probate is, people get confused in the formalities at times; so here’s a quick guide to requesting the Grant.

Prerequisite for Grant of Probate

Although the Grant of Probate is considered the first step, you cannot directly apply for it. There’s a condition to satisfy before submitting your application. 

You must wait 14 days after the probate notice is published on the NSW Online Registry website before filing a probate application in the Supreme Court of New South Wales. This gives time for the interested parties to raise objections, if there are any. 

A Probate application must be filed within six months after the death date of the will-maker. If an application is made later, the Affidavit of Executor must include an explanation for the delay.

Is it mandatory to hire a solicitor to handle Probate?

No. There’s no such obligation. 

Although you are not required to engage a solicitor to petition for probate, most executors and administrators do, particularly if the estate is challenging. 

The role of a probate solicitor is to assist and support the executors. You can seek a solicitor if you need, but usually, one can apply for a Grant of Probate on their own. 

Step-by-step Guide to Apply for Probate in NSW

Step 1: Get your paperwork in order. 

To submit your application, you need the following papers: 

• The original Will 
• The codicil, if it exists. A codicil is a separate document signed by the deceased that lays out any revisions to the will. 
• The original Death Certificate 
• If the will or death certificate is in another language, it must be translated into English by a competent translation.

You should make an extra copy of the documents for your records. You might think about having certified copies of the original papers. 

Step 2: The forms

After gathering all the needed documents, you should get the forms listed below. You can get copies of these forms from The Supreme Court of New South Wales registry or the Uniform Civil Procedure Rules website. 

• Summons for Probate (Form 111) 
• Grant of Probate (Form 112) 
• Inventory of Property (Form 117) 
• Affidavit of Executor (Form 118)

Step 3: Fill out the Probate Summons

The papers to include when filling in the form are: 

• The case number 
• The complete name of the deceased 
• The date of death 
• The suburb in which the deceased resided 
• The deceased’s regular employment 
• The estate’s gross and net value 
• The executor’s name(s). 

Make sure that the summons filed has the same information as the Affidavit of Executor.

Step 4: Fill out the Grant of Probate form. 

You should provide the following information when submitting the Grant of Probate form: 

• The case number 
• The court’s details 
• The full name of the Will-maker (the deceased)
• The deceased’s address 
• The date of death 
• The date of the will 
• The name and address of the executor 
• The grounds for grant 

The probate paperwork does not require your signature. You should also attach a copy of the Inventory of Property in the Probate. Ensure to have two copies of this document. 

Step 5: Fill out the Inventory of Property

Land, cash in a bank account, furniture, costly jewellery, antiques, artworks, automobiles and boats, and any other assets possessed by the deceased are all considered property. As the executor, you must notify The Court of everything possessed by the deceased. 

So you should include the following while making the application: 

• The name of the will-maker 
• A list and description of the properties owned by the deceased alone 
• A list and description of the properties owned jointly with another person 
• The estimated or known worth of each of the properties 
• The total value of the property 

When you have completed detailing the deceased’s property, the Inventory of Property must be signed by the executor and the witness to the Affidavit of Executor. 

Step 6: Prepare the Executor’s Affidavit 

When preparing the Affidavit of Executor, you should include the following: 

• the case number 
• the court details 
• the deceased’s information
• the plaintiff’s (the executor’s) filing information
• the legal representative’s information (if there is one) 
• Confirmation that the will attached to the affidavit is the deceased’s last known will and testament 
• Confirmation that the dead did not marry after the will was made 
• Confirmation that the deceased held assets in NSW 
• Affirmation that you are above the age of 18 
• the date the Notice of Intended Application was published on the NSW Online Registry 
• the beneficiaries’ information (names, age, and entitlement) 
• the deceased’s debts 
• the estate’s gross and net worth 

After completing the affidavit, you must sign it before a witness (lawyer or Justice of the Peace), who will authenticate your identification. If the Will names more than one executor, each executor must sign the affidavit and have it attested.

The witness must also sign and put down their information.

Step 7: Attach required documents to the Affidavit of Executor

After completing your paperwork, you must attach the following papers to the Affidavit of Executor:

• The original death certificate
• The inventory of property

Attach the documents in the same sequence as mentioned in the affidavit. After seeing the affidavit, the witness must sign each annexure.

The documents attached must have a tag like ‘Annexure A’ for the first document and so on in alphabetical order. 

Step 8: Sign the will’s margin (including the codicil) 

Every page of the original Will and Codicils must have both the executor and the witness sign in the left-hand margin. This is referred to as ‘identifying’ the will. The Will must carry only the signatures and nothing else. 

After signing the Will and Codicil, make two copies of them. 

Step 9: Submit your application to the New South Wales Supreme Court.

After all the above eight steps, you can submit your application to the Supreme Court with the following documents. 

• Summons for Probate (Form 111) 
• Affidavit of Executor (Form 118) 
• Annexe the death certificate & the Inventory of Property (Form 117) 
• the original will 
• Any codicils 
• a stamped self-addressed A4 envelope.

Along with the above documents, you must also include two copies of the Grant of Probate (Form 112), the will including any codicils and the Inventory of Property (Form 117). 

Make sure you keep a copy of the documents as the court will not be returning the Will. 

That’s all. 
You can file the application for a grant of probate in NSW in person or by email.