Important changes have been made to the NSW Probate filing system in an effort to overcome significant delays in administration and processing in Wills and Estate Planning matters.
From 1 August 2023, uncontested applications for grant of probate and applications for letters of administration in NSW now need to be applied for and filed through the NSW online Court registry.
This service is available via the Probate tab on the Supreme Court website and on the NSW Online Registry website. It is a simple guided service that allows applicants to easily enter in the required details of the Deceased and their Estate necessary for a grant to be determined. Effectively, this system is to ensure that applicants can seamlessly navigate probate applications so that they are processed quickly and accurately.
However, please note that delegate users do not have access to this service. Online Probate is only accessible by users registered as legal practitioners on record, self-represented litigants, and authorised officers.
Key Changes
The key changes that have been implemented are as follows:
| Notice of Intended Application | When you file an online application, a notice of intended application for grant of probate or administration is automatically generated. |
| Forms – Summons and Affidavits | Based on the answers provided in the application, the system will generate the relevant documents which form your application (i.e., summons, affidavit of executor / administrator, inventory of property, and grant). You will then need to download the generated documents, sign, and file them via the online system. |
| Grant of Probate or Administration | Once the Registrar is satisfied that a grant should be issued, the system will generate a sealed copy which will be immediately available for download online. |
| Supporting Documentation – Wills and Codicils | Copies of testamentary documents, including Wills and codicils, must be scanned and uploaded to the online Probate system.The original document must also be filed with the Court and may be delivered by post or in person to the Supreme Court Registry. |
How can Madison Marcus Help YOU?
At Madison Marcus Law Firm, our team of experienced Wills and Estate Planning lawyers understand the emotional turmoil of losing a loved one and that Estate distribution can be overwhelming in such times. Should you require assistance with applying for Probate of letters of administration, please do not hesitate to get in contact with our exceptional Wills and Estate Planning lawyers who offer a comprehensive range of legal services tailored to your unique needs in challenging times. We also provide expertise in Estate dispute matters and preparing Wills and Estate Planning documents.
