How to publish a probate notice
This demonstration will step you through the process of publishing a Notice online that you will soon apply to administer a deceased person’s estate.
Before you apply to the Supreme Court for an order confirming who is entitled to administer a person’s estate, you must first publish a public notice that gives advance warning of your application. This Notice must be filed 14 days before you apply to the Court.
Video transcript for publishing a Probate Notice form
This NSW Online Registry video will step you through the process for publishing a Probate Notice, including steps to:
- Search for published Probate Notices
- Access the form
- Complete the form online
- Publish the notice
You can click on any dot point on screen now to skip ahead to that section of the video
[The home page of the NSW Online Registry displays]
Before you apply to the Supreme Court for an order confirming who is entitled to administer a person’s estate, you must first publish a public Notice that gives advance warning of your application.
This notice must be filed 14 days before you apply to the Court, and since early 2013, has been mandatory to publish via the NSW Online Registry service.
If you’re unsure whether a Notice has been previously filed you can use the free search tool to view existing published notices.
From the NSW Online Registry website click the Probate tab. Then click Search probate notices.
This free search tool means that anyone with internet access can search for a Notice. They can then get in touch with the nominated contact in the Notice if he or she knows they have been left something in the deceased’s person’s will, or if he or she thinks there is a legal entitlement to a portion of the deceased’s estate.
To publish a Probate Notice you must be logged in to your Online Registry account. If you do not have an account, please register before proceeding. When registered, click Login.
[User clicks Login]
Enter your username and password, then click Login
Once you’ve logged in, click the Probate tab
[The Probate page displays]
Before publishing a Notice you will need the deceased’s details, including any aliases, information about a Will (if there is one) and details on executors and administrators.
If this information is not provided at the time the notice is published you may incur a fee for any changes required.
To access the form, click Publish a probate notice.
The form will display. Scroll down to view the type of notice section.
Complete the questions. Your answers to these questions ultimately determine the wording of the Notice that is automatically generated and published online
The first two questions are answered by default.
[The first of the two questions is highlighted]
If the deceased did not leave assets in NSW you will not be able to continue.
If you indicate you intend to apply for a reseal of a probate grant, or letters of administration, issued by another court outside NSW you will need to enter which court made the grant and what was granted before continuing the form.
If the original court is outside Australia, the Supreme Court of NSW can only apply its seal to other jurisdictions in which the Queen of England is also the head of state.
[Yes is selected to the question: Did the deceased leave a will?]
If the deceased person left a will, you will need to answer if at least one of the executors under the Will intends to apply for probate.
[Yes is selected next to the question ‘does at least one of the executors under the will intend to apply for Probate’]
Click Next to continue
[The executor details screen displays]
Next, you need to enter the Administrator or Executor details.
The details entered for Applicant 1 will be the details that are published in the notice. The Notice will direct any potential creditors to contact the person you nominate as Applicant 1.
Enter the details carefully as any mistakes, including typos, in the published Notice will need to be corrected which could cause delays and may incur a fee.
[The users enters a first name and surname, and an email address, the scrolls down and enters an address]
To add multiple applicants, click Add another applicant.
Click Next when the details are complete.
[The user clicks Next and the Deceased details screen displays]
Next you need to enter the details of the deceased. You will need to enter their full name and any aliases.
[The user enters a first name and surname, then scrolls down]
Enter the Date of death by clicking the calendar icon
[User selects the date of death from the calendar]
Enter the postcode, suburb and state of the deceased person’s last address
[A sample NSW address is entered]
Select if you need to qualify the notice or add additional information.
A qualification may explain why someone is not applying such as “the applicant is a substituted executor” or “The instituted executor predeceased the testator”.
You may also need to specify any limitations proposed such as “the application for probate is made with a copy of the will. Probate is limited until the original will is proved”.
[No is selected for Qualifications required]
Click Next to continue
[The Will details screen displays]
Next, enter the Will details. This screen will only display if, at the beginning of this form, you indicated the deceased person had left a Will.
Enter the date of the Will, and the number of pages
[The user enters a date from the calendar, and the number of pages]
Click the Add codicil button if there are any to be added
[User clicks Add codicil]
You will then need to enter the date of the codicils
[User selects a date from the calendar]
Click Next to continue
The Contact details to be published with the notice screen will display.
If you’re an unrepresented litigant the details displayed are based on the details entered for Applicant 1. If changes are needed you can return to the Applicant details section.
For other user types, such as a solicitor or delegate, the details will be populated based on the details of the logged in user. You will not be able to update the user’s name, but you can update the contact address if needed.
Complete the details as required
[User enters an email address, then scrolls down]
If you are completing the form as a solicitor or on behalf of a solicitor, you can either confirm or update the contact details to be published.
If you are completing the form as an unrepresented litigant, you can copy the address details you previously entered in the Applicant section. If you want to use a different address you can enter the details in the fields provided.
[The user selects the copy drop down box and select Applicant 1 from the list. The address for Applicant 1 then displays in the address fields below]
If you copied the details you may need to select the Suburb
[User selects a suburb from the drop down list]
Click next to continue
The Forms awaiting payment screen is displayed.
Once you’ve completed the online form, it’s recommended you Preview the form before you complete the payment.
You will not be able to edit the Notice after payment is made.
Click the Preview icon
[A preview of the notice displays onscreen]
Review the notice carefully and make any changes necessary before completing the payment as corrections may incur a fee.
If you notice an error in the previewed Notice, you can return to the Payments screen.
[The user selects the Payments tab at the top of the screen]
And edit the form via the edit icon.
When ready, you can select the form from the list
And click Next. This will step you through our secure credit card payment facility.
When the payment is processed, the form will automatically be published.
You can then search for the published probate notice via the Probate tab, although it may take a few minutes for the notice to appear.
Thank you for watching. To access the Online Registry, go to onlineregistry.lawlink.nsw.gov.au, and please subscribe to our YouTube channel to see the latest products from NSW Courts online services.