Applying for probate in NSW

Following a death you may need to get a Grant of Probate or if the deceased didn’t leave a Will, a Grant of Letters of Administration. This is an official document giving you the right to deal with a deceased person’s estate. You can apply for a grant by yourself or by using a solicitor.

About probate
Probate is a term commonly used when talking about applying for the right to deal with the affairs of someone who has died. However, you’ll find that different terms are used, depending on if the deceased person left a will and where they lived.

If the deceased has a will, the executor or administrator will apply for a Grant of Probate. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and belongings). This is called ‘administering the estate’. The Executor uses the grant to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the will.

If the deceased didn’t leave a will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a ‘Grant of Letters of Administration’. If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.

You may also hear the terms ‘personal representative’ and ‘grant of representation’. A personal representative is the executor or administrator and grant of representation is a general term used for grants of probate and grants of letters of administration.

Do you need a grant?
A grant is almost always needed when the person who died leaves one or more of the following:

• $10,000 or more
• stocks or shares
• certain insurance policies
• property or land held in their own name or as ‘tenants in common’

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However if the estate is small some organisations, such as insurance companies and building societies, may choose to release the money to you.

You may not need a grant if the deceased:

• left less than $10,000
• owned everything jointly with someone else and everything passes automatically to the surviving joint owner

To find out if the assets can be obtained without a grant, the executor or administrator would need to write to each institution informing them of the death and enclosing a photocopy of the death certificate and will if there is one.

Documents and information you’ll need

Here’s a handy checklist of documents and information needed:

• death or coroner’s certificate
• original Will
• marriage certificate – if no Will and the deceased was married
• Decree Absolute – if no Will and the deceased was divorced

A copy of the Will is not acceptable. Make sure that no-one writes on the original Will or attaches paperclips or staples to it.

The original Will is kept in the court file. The certified copy of the death certificate will also be kept on file at the court.

Probate fees
The Court fees to be paid are based on the net value of the estate.