What is probate?

Probate is the name given to a legal process most people must follow, once the Supreme Court makes an order for a deceased person’s assets to be distributed. 

You might not need a probate order if a person died without independently owning any property, and had only a small amount of money to his or her name. If a person close to you has died in those circumstances, you should first approach the financial institution where the money is held to see if a formal court order is required. Similarly, if a spouse or close family member has died and all your assets were held jointly, you may wish to talk to your financial institution about any requirements. 

If you are certain that probate is required, and you have already registered an account with the Online Registry, the first step involves publishing a Notice of Intended Application online that gives warning of your intentions to the Court. 

Getting started with a Notice of Intended Application

To get started with publishing the initial probate notice, you will need to have an Online Registry account. Watch the video about how to register an account with the Online Registry. 

Need an account? Register now

Once you have logged into your account, you can open the online Notice of Intended Application form which will prompt you for all the information you need to enter in order to publish the appropriate notice. If you find that you do not have all the information you need, you can save the online form as a draft and return to it later. 

At the end of the online form, you will have to pay a small fee (it is less than $50) by credit card, or VISA/Mastercard debit card.

Got an account? Publish notice

What happens next?

Wait 14 days before making an aplication for a grant of probate, letters of administration or reseal. 

The Supreme Court of NSW website has more current information on estimated court processing times as well as fact sheets on how to apply.  

Once the Court has determined your application, you may be required to publish other probate notices online before distributing a person's estate or filing accounts. See the list of probate notice forms that can be filed online.

 

Publishing notices for an old case

You cannot publish a Notice of Intended Distribution online if the probate case was started before 2013.

If you want to publish a Notice of Intended Distribution for a probate case that was not started online, you’ll need to contact Registry staff to publish the notice on your behalf.

Complete the application form for a probate case that was not started online and return in to the Supreme Court. Or search for an existing case by logging into your Online Registry account