Step 27 - Apply for Grant of Probate or Letters of Administration
Last updated: June 2019
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Why is this important?
What is Probate and do you need it? This step explains everything you need to know to help you determine if an application to the Supreme Court for Grant of Probate or Letters of Administration is needed and what type of application may suit your circumstances. The application process for the various States/Territories are explained to help you with this key step.
simplyEstate is here to help with the process. Contact us via email or book a first free phone appointment.
Approximate Effort & Cost
Reading: 1.5 hrs
Preparing: 2-5 hrs
Completing: 1-3 hrs
Waiting: 3-10 wks
Total: 3-11 wks
Cost: $370 – $5,900
Effort and cost are general estimates only and are based on the assumption that you complete this step without specialist help.
Instructions
To find out how this Process Guide works, access the instructions here.
Glossary
Forms
Statutory Notice
Notice Form
Refer to Step 27.10 to find forms when applying for Grant of Probate or Letters of Administration.
Statutory Notice
Online Form; or
Form 116 – Notice of intended application for probate, administration or reseal
Refer to Step 27.10 to find forms when applying for Grant of Probate or Letters of Administration.
Statutory Notice
Online Form; or
Form 3-6A – Request for Notice of Making of Grant
Refer to Step 27.10 to find forms when applying for Grant of Probate or Letters of Administration.
Statutory Notice
Form 103 – Notice of intention to apply for grant
Refer to Step 27.10 to find forms when applying for Grant of Probate or Letters of Administration.
Legislation & Rules
Letters of Administration
With a Will
ADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 16/09/2018)
Without a Will
ADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 16/09/2018)
Letters of Administration
With a Will
Supreme Court of NSW, Applying for Letters of Administration with the Will annexed, Paragraph 5 (accessed 16/09/2018)
Without a Will
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 16/09/2018)
Letters of Administration
With a Will
Supreme Court of VIC, Applying for a grant of probate or administration, Step 2 (accessed 16/09/2018)
Without a Will
Supreme Court of VIC, Applying for a grant of probate or administration, Step 2 (accessed 16/09/2018)
Letters of Administration
With a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 16/09/2018)
Without a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 6010 (Aust.) (accessed 16/09/2018)
Legislation and rules shown may not be comprehensive and other legislation and rules may apply to your specific circumstances.
27.1 Overview
As the Executor, Administrator or Next of Kin you may need to apply for a Grant of Probate or Letters of Administration. You need to apply to the relevant Supreme Court to obtain approval that authorises the Executor or Administrator to properly administer the deceased estate. This means that larger amounts (often over $50,000) can then be transferred or claimed on behalf of the deceased estate. This court document will be requested by the relevant Organisation who releases the funds or makes a transfer (e.g. Landgate, Bank, Insurance, Superannuation etc.).
This step will help you:
- determine if an application is required;
- select which type of application you need for your situation;
- prepare the necessary documents; and
- apply to the relevant Supreme Court.
Contents
27.2 Determine if Grant of Probate or Letters of Administration is Needed
27.3 Three Types of Court Applications
27.4 Who can Apply to the Supreme Court
27.5 Which Supreme Court to Apply To
27.6 Important Information
27.7 When Should a Lawyer be Consulted
27.8 Documents
27.9 Publish the Statutory Notice
27.10 Apply for Grant of Probate or Letters of Administration
27.11 Actions and Decisions to Complete Step
27.2 Determine if Grant of Probate or Letters of Administration is Needed
By now you have finalised the total estate value by having compiled a detailed list of all the money, property, real estate, personal belongings, chattels, other valuables and any debts of the deceased person. The simplyEstate Assets & Liabilities Inventory helps you to put this together and can be downloaded here.
In Steps 12 – 25 you have been in contact with the relevant government departments, companies and organisations that the deceased had dealings with to determine the individual value of accounts, benefits and claims that will be paid into the estate. While you were in contact, the organisation may have already informed you if a Grant of Probate or Letters of Administration is required for them to transfer or release funds or titles to the estate based on their deceased estate transfer policy.
Generally speaking, each organisation has a specific Dollar-limit in place. Once the total account, claim or benefit value from that one organisation exceeds their limit, a Grant of Probate or Letters of Administration will be required to authorise the transfer or release of funds into the ‘Estate of the Late’ bank account. You should open such an account as detailed in Steps 19.9 and 30.2 – Set-up the Deceased Estate.
Note: Where no Grant of Probate or Letters of Administration are needed for the estate administration and distribution, a Next of Kin can also request funds in the deceased person’s name to be transferred to their personal account. You must take utmost care to keep a record of the estate funds and transactions.
The simplyEstate Assets & Liabilities Inventory has identified if you may need to apply for Grant of Probate or Letters of Administration based on generic limits. Note that these limits vary between different organisations. It is best to check with each organisation when requesting a transfer, benefit payment or claim. The inventory also helps you determine which assets form part of the estate and which do not, such as jointly owned assets, which generally transfer to the surviving joint owner without needing a Grant of Probate or Letters of Administration.
The following examples will help you to understand when a Grant of Probate or Letters of Administration are likely needed:
- The value of each account, transfer, benefit or claim from one organisation to the estate (generally over $50,000 but can be lower);
- Assets are owned by the deceased person in their sole name or as tenants in common (the deceased person’s share); and
- If an organisation has specific requirements to need a Grant of Probate or Letters of Administration to release funds.
The following matrix will help you determine if a Grant of Probate is required by checking this for each asset identified.
*The Dollar-limit of $50,000 is an average figure and varies between government departments, companies and organisations, which you should confirm with each. This is illustrative only and serves as a guide as per our Terms & Conditions, which are available here.
If no Grant of Probate or Letters of Administration is required, the standard deceased estate administration process takes place by which you as Executor or Next of Kin would generally:
- provide the deceased person’s details to the organisation that will release the asset;
- prove the death by providing the Death Certificate;
- provide the Will if available;
- establish your relationship to the deceased;
- provide your proof of identity; and
- any other document required to initiate the transfer.
Sometimes an organisation will also ask that the Executor or Next of Kin provide further information and sign an indemnity and release form to protect the organisation from other people making the same or similar claims on behalf of the same estate.
If the value is slightly above their value limit, you may be able to request special consideration from that organisation. Especially if Grant of Probate or Letters of Administration would only be needed for one organisation then an exception may be granted given the time, cost and effort required for the application to the Supreme Court. You should request, discuss and negotiate this with an organisation were this applies; best by issuing a formal letter by registered post.
27.3 Three Types of Court Applications
The two key factors to help determine which type of application is needed are if:
- a valid Will was put in place by the deceased person; and
- at least one Executor nominated in the Will agreed to take on the role of Executor and apply to the Supreme Court.
Based on these, three types of court applications exist:
27.3.1 Grant of Probate with the Will Annexed
Where a Will is in place and you are nominated as the only Executor or one of many Executors and you take on the role by yourself or with other Executors nominated, then you should apply for a Grant of Probate with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.4 and 27.5 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.3.2 Letters of Administration with the Will Annexed
Where a Will is in place but none of the Executors nominated in the Will are willing or able to take on the role, the eligible person who will take on the role of Administrator should apply for Letters of Administration with the Will annexed with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.4 and 27.5 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.3.3 Letters of Administration without a Will
Where no Will is in place (also referred to as Intestate), the eligible person should apply for Letters of Administration with the Supreme Court in the relevant State/Territory. Refer to below Steps 27.4 and 27.5 to determine who is eligible to apply and to which court you need to apply to in your situation.
27.4 Who can Apply to the Supreme Court
27.4.1 Grant of Probate with the Will Annexed
With a Will that nominates one Executor
If the Executor nominated in the Will accepts the role to administer the deceased estate, the Executor can apply to the Supreme Court for a Grant of Probate.
If the Executor nominated in the Will has passed away, is unable or unwilling to take on the role to administer the deceased estate, one of the Beneficiaries can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed as outlined in Step 27.4.2 and provide further documentation as outlined in Step 27.10 below.
With a Will that nominates multiple Executors
A Will may nominate multiple Executors by specifying a primary Executor (also known as instituted Executor) and a secondary Executor (also known as substituted Executor).
If the primary Executor accepts the role to administer the deceased estate, they can apply to the Supreme Court for Grant of Probate.
If the secondary Executor accepts the role to administer the deceased estate, they can apply to the Supreme Court for a Grant of Probate if the conditions for substitution as outlined in the Will have been met.
A Will may also nominate multiple Executors that are not distinct as primary or secondary Executors and hence must act jointly (joint Executors), meaning they all are to be Executors and administer the deceased estate together. In this situation all Executors can apply to the Supreme Court together. If, however, one of the Executors has passed away, is unable or unwilling to take on the role to administer the estate, the remaining Executor(s) can apply for Grant of Probate and provide further documentation as outlined in Step 27.10 below.
Where a Will nominates multiple Executors and an Executor has passed away, is unable or unwilling to take on the duty, either an additional form, an Affidavit explaining the situation and, where an Executor has passed away, the Death Certificate of that Executor should be provided by the Executor who is applying to the Supreme Court.
27.4.2 Letters of Administration with the Will Annexed
With a Will that does not name an Executor
If the Will does not name an Executor, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed. To avoid a dispute with other eligible applicants and Beneficiaries, it is recommended to agree your intention to apply prior to doing so as other eligible persons may also apply. A second application for the same deceased estate would mean your application is contested and may complicate matters unnecessarily.
With a Will and none of the Executors will apply
If the Executor nominated in the Will has passed away, is unable or unwilling to take on the role to administer the deceased estate, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration with the Will annexed and provide further documentation as outlined in Step 27.10 below.
The following persons are eligible to apply as Administrator:
The court will determine who is eligible to apply for Letters of Administration to administer the whole or parts of the estate.
Relevant Legislation
ADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 16/09/2018)
The sole or main Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of NSW Applying for Letters of Administration with the Will annexed, Paragraph 5 (accessed 16/09/2018)
The major Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of VIC Applying for a grant of probate or administration, Step 2 (accessed 16/09/2018)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 16/09/2018)
27.4.3 Letters of Administration without a Will
Without a Will
If there is no Will and the deceased person passed away Intestate, depending on your State/Territory the below listed persons can apply as the Administrator (not called Executor in this case) to the Supreme Court for Letters of Administration. To avoid a dispute with other eligible applicants and Beneficiaries, it is recommended to agree your intention to apply prior to doing so as other eligible persons may also apply. A second application for the same deceased estate would mean your application is contested and may complicate matters unnecessarily.
The following persons are eligible to apply as Administrator:
One or more of the Beneficiaries or failing those any other person is eligible to apply for Letters of Administration.
Relevant Legislation
ADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 16/09/2018)
The following persons can apply for Letters of Administration as the Administrator of the deceased estate:
- Spouse;
- Next of Kin;
- Spouse and Next of Kin;
- a person that can be trusted as determined by the court; or
- a person as directed by the court.
Relevant Legislation
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 16/09/2018)
The following persons can apply for Letters of Administration as the Administrator of the deceased estate:
- lawful spouse or domestic partner
- children, excluding stepchildren, but including children adopted by the deceased
- grandchildren
- parents
- brothers or sisters; or
- remoter next of kin.
Supreme Court of VIC Applying for a grant of probate or administration, Step 2 (accessed 16/09/2018)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 6010 (Aust.) (accessed 16/09/2018)
27.5 Which Supreme Court to Apply To
An application needs to be made based on the State/Territory in which the assets that require a Grant of Probate or Letters of Administration for release and transfer to the estate are registered and/or located. Each Supreme Court only has jurisdiction over their State/Territory. If the deceased person holds assets registered and/or located in more than one State/Territory that require a Grant of Probate or Letters of Administration, you may need to apply to multiple Supreme Courts or have the original Grant of Probate or Letters of Administration resealed in the relevant court(s).
The simplyEstate Assets & Liabilities Inventory helps you capture all assets and liabilities and immediately provides you with a guide if a Grant of Probate or Letters of Administration application are likely needed, which type of application and in which State/Territory.
27.6 Important Information
It is important to remember the following as you work through this step:
- The Statement of Assets & Liabilities should be completed before applying to the Supreme Court for Grant of Probate or Letters of Administration as it forms part of the application. This document outlines the value of the estate, what it is made up of and protects you as the applicant in case a Beneficiary or other person lodges a dispute with the Supreme Court against the estate. The simplyEstate Assets & Liabilities Inventory is a useful tool to compile all the estate’s assets and liabilities in one place. Refer to Steps 15 – 26 to determine the estate value if not already completed.
- Should the Statement of Assets & Liabilities change after lodgement, an amended Statement can be submitted to the Supreme Court with an Affidavit to ensure an accurate Statement is on file.
- An application for Grant of Probate or Letters of Administration can be lodged earliest 14 days after the date of advertising the notice of intended application (refer to Step 27.9).
- An application for Grant of Probate or Letters of Administration made six months after the death or later, requires an explanation for the delay in an Affidavit with the application.
- If the name of the Executor has changed and is different to the name in the Will, an explanation is to be provided in the Affidavit and the marriage certificate or other evidence of the name change attached.
- If the deceased person married, divorced or a marriage was annulled after the date the Will was signed, you should check the validity of the Will with a lawyer.
- Refer to the person making the application as Plaintiff when completing the forms and documents for Grant of Probate or Letters of Administration.
- The date on which the documents are completed should be the date of the document.
27.7 When Should a Lawyer be Consulted
Applications for Grant of Probate or Letters of Administration can vary in complexity.
The simplest applications are where a Will is in place naming:
- one Executor who has agreed to accept the duties;
- multiple Executors are nominated who have agreed to accept the duties and act jointly; or
- multiple Executor are nominated and the Executor who is unable or unwilling to accept the duties provides the applicant with the necessary documentation.
In these instances, the application may be completed by yourself by following the process outlined on this website or with help from a legal representative.
However, where no Will is in place or a dispute between multiple nominated Executors has arisen, it is recommended to seek legal advice to ensure you have the necessary information to make a complete application, taking the issues into account.
The biggest challenge when applying yourself (also called applying as individual, plaintiff or self-represented) is to ensure the application documents are drafted correctly and comprehensively. Often courts do not provide standard forms and hence a good understanding of the rules is required to ensure your specific circumstances are captured correctly. simplyEstate provides documents that are available on the Supreme Court websites below as a guide, but these may not capture all details for your circumstances and may need to be drafted by a legal specialist.
If you have a question or would like to discuss this particular step, you can contact simplyEstate by email or make a phone appointment, so we can discuss the general nature of your situation. simplyEstate cannot provide advice as outlined in our Terms & Conditions and has partnered with Specialists across Australia as listed in the yellow section to the right or below, who can provide you with an initial assessment and ongoing help if you choose so.
27.8 Documents
It is important to have all necessary documents completed and appropriately certified, witnessed and sworn or affirmed prior to submitting your application. The following are generally required when you apply:
- Original Will (if the original cannot be found and you have a copy you can apply but you will need an affidavit explaining your attempts in finding the original Will and is more complicated);
- Original and certified copy of the Death Certificate;
- Relevant application documents;
- Affidavit supporting your application; and
- Lodgement fee.
Where a nominated Executor has passed away or is unable or unwilling to take on the duties, the following documents will also be required:
- Form or Affidavit renouncing the duties of Executor;
- If a nominated Executor has passed away, the Death Certificate of the nominated Executor and an Affidavit by the applicant explaining the reason for applying without the deceased Beneficiary.
Remember these important facts while preparing your documents:
- Always type or neatly hand-write all documents and forms.
- The original Will should not be modified in any way.
- When photocopying a Will, do not remove staples or bindings.
- Do not fold application documents.
- Do not attach anything to the Will with staples or paperclips.
- Always staple documents that belong together in the top left corner.
- It is highly recommended to always photocopy all documents supplied to the Supreme Court Registry for your own records.
27.9 Publish the Statutory Notice
If you have determined that a Grant of Probate or Letters of Administration are required, you will first need to serve, publish or advertise a notice of your intention to apply with the Supreme Court.
Note: This is not the same as notice for distribution of the estate, which is covered in Step 34.8 – Publish Notice of Intent to Distribute.
Publishing a notice allows the following persons to get in touch with the Executor:
- Creditors (people who are owed money by the deceased estate) of the estate to make a claim;
- Family members or other persons to make a family provision claim or any other claim;
- Other nominated Executors to be informed of the intent and discuss the intended application; or
- Anyone who may have another Will to discuss the intended application.
Depending on the State/Territory to which you will be applying for a Grant of Probate or Letters of Administration the following process and timeframe apply:
Supreme Court of Western Australia
Phone: 08 9421 5333
Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
In Western Australia you can provide notice through the West Australian Classifieds and give notice to all other Executors, Administrator or Next of Kin prior to applying with the Supreme Court of WA for Grant of Probate or Letters of Administration.
Timeframe
The application to the Supreme Court of WA for Grant of Probate or Letters of Administration can only be made 14 after the date of death.
Process
If you are not the only Executor nominated in the Will and intend to apply to the Supreme Court of WA for Grant of Probate, you will need to either:
- provide notice to the other nominated Executors and provide evidence to the Supreme Court of the notice(s) with your application for Grant of Probate – Notice Form; or
- Request the other nominated Executor(s) to complete the Consent Form and provide these at the time of your application for the Grant of Probate or Letters of Administration.
Supreme Court of New South Wales
Phone: 1300 679 272
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: [email protected]
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Timeframe of Notice
The Notice of Intended Application must be published for at least 14 days before an application to the Supreme Court of NSW for Grant of Probate or Letters of Administration can be made.
Process – Online
The online portal for the Supreme Court of NSW allows you to complete and submit your Notice of Intended Application.
To use the online portal, you need to register first here.
To register you will need two of the following documents ready to identify yourself:
- Australian Driver’s licence
- Australian electoral roll
- Medicare card
- Australian passport
- Australian Citizenship Certificate
- Change of Name Certificate
- Phone Book
Process – Paper
If you cannot or do not want to apply for notice online, you can complete Form 116 – Notice of intended application for probate, administration or reseal and post it to the Supreme Court of NSW including the filing fee.
Case Number
Once your intention to apply for Grant of Probate was published you will be assigned a case number, which you will need to reference when making the application as outlined in Step 27.10 below.
Search for Previous Applications
Prior to lodging an application, you should check the online registry for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
Fees
Notice of Intended Application: $46.00 (as at September 2018)
Search fee: $0 (as at September 2018)
Supreme Court of Victoria
Phone: 03 9603 9300 (option 1 for Probate and Wills)
Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: [email protected]
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Timeframe of Notice
The Notice of Intended Application must be published for at least 14 days before an application to the Supreme Court of VIC for Grant of Probate or Letters of Administration can be made.
Process – Online
The Probate Online Advertising System of the Supreme Court of VIC allows you to complete and submit your Request for Notice of Making a Grant.
To use the online system, click here and select for which type of application you are advertising for.
For support with the Probate Online Advertising system you can call 03 9603 9296 or email: [email protected].
Process – Paper
If you cannot submit the advertisement online, you can complete Form 3-6A – Request for Notice of Making of Grant and lodge it with the Supreme Court and pay cash or by cheque.
Search for Previous Applications
Prior to lodging an application, you should check the online registry for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
Fees
Notice of an Intended Application: $46.20 (as at September 2018)
Search fee: $0 (as at September 2018)
Supreme Court of Queensland
Phone: 07 3236 1855
Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: [email protected]
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Timeframe of Notice
The application to the Supreme Court of QLD for Grant of Probate or Letters of Administration can only be made after 14 days after the date when the Notice of Intended Application was published.
Process
- You will need to prepare a Form 103 – Notice of intention to apply for grant.
- Submit your completed advertisement to the Public Trustee office near you.
- Wait for 14 days after the notice was advertised in the Queensland Law Reporter to allow other persons to file a caveat or objection with the court.
Search for Previous Applications
Prior to lodging an application, you should check the Probate Notice Database for previous applications that may have been made by another Executor, Administrator or Next of Kin. You can search here.
27.10 Apply for Grant of Probate or Letters of Administration
The process and documents vary in each State/Territory. simplyEstate has compiled all the common information and documents for each State/Territory for your convenience below.
Note: in some applications the Executor applying for a Grant of Probate or Letters of Administration are referred to as plaintiffs.
Depending on the State/Territory to which you will be applying for a Grant of Probate or Letters of Administration, the following process applies:
Supreme Court of Western Australia
Phone: 08 9421 5333
Contact Hours: Monday – Friday, 8:00am – 4:00pm AWST
Address/Post: Supreme Court of WA, Level 11, David Malcolm Justice Centre, 28 Barrack Street, Perth WA 6000
Process – Online
The online application process of the Supreme Court of WA allows completion and submission step by step, and can be accessed here.
Where multiple Executors were nominated in the Will, all Executors must be recorded on the online lodgement portal and indication provided whether or not each will be taking on the duties (solely or jointly where more than one Executor), an individual reserve leave to apply at a later stage if they wish or completely resign from their duties, also called renounce. See Step 5.8 for more detail about resignation (or renunciation).
Process – Paper
If you are unable to use the online process to apply or if the online application is not suitable for you, then the following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that specialise on this task and can be found to the right or below.
Affidavits
You must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- a public notary.
You and one of the above listed witnesses must sign:
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court:
- Notice Form – application by the Executor or Administrator;
- Consent Form – nominated Executor who does not want to take on the duty;
- Affidavit Template – Affidavit to provide supporting information, details about the applicant(s), other nominated Executors and Administrators, reasons why not all nominated Executors apply, change of name, original Will, deceased person married or divorced after signing the Will etc.;
- Request to Collect Grant – application to request that the Supreme Court notify one of the Executors via email once the Grant of Probate was issued and can be collected;
- Statement of Assets and Liabilities – a summary of all assets and liabilities of the deceased estate. If you used the simplyEstate Assets & Liabilities Inventory, you may be able to print and submit the Summary page if in an acceptable format.
Other documents that may be useful
- Search Enquiry Form – if a Grant had been previously granted and issued by the Supreme Court, this form can be used to request a search and provision of a copy of the Grant
- Complete Supreme Court Practice Directions
- Directions to complete an Affidavit (Section 9)
Fees
Application for Grant of Probate or Letters of Administration: $370 (as at 29 June 2018)
Search fee: $44.50 (as at 29 June 2018)
Website
Supreme Court of WA, Frequently Asked Questions
Estimated Processing Time
8 weeks
Supreme Court of New South Wales
Phone: 1300 679 272
Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: [email protected]
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Process – Paper
The following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.
Affidavits
You must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- a public notary.
You and one of the above listed witnesses must sign:
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court:
- Summons for probate, administration, administration with the will annexed or reseal;
- Affidavit of executor;
- Grant of probate, letters of administration or letters of administration with the will annexed (2 copies, do not sign);
- Inventory of property – a summary of all assets and liabilities of the deceased estate. If you used the simplyEstate Assets & Liabilities Inventory, you may be able to print and submit the Summary page if in an acceptable format;
- Certified copy of the Death Certificate; and
- Original Will.
Other documents that may be useful:
- Form 123 – Renouncing executorship – if an Executor is unable or unwilling to take on the duties of the Executor this form can be used to officially lodge the renouncing with the Supreme Court
Fees
- Application for Grant of Probate or Letters of Administration: $0 – $5,759 (as at 13 September 2018) depending on the total value of the estate, which can be checked here
- Search fee: $61 (as at 13 September 2018)
Website
Supreme Court of NSW, Applying for probate
Estimated Processing Time
Generally, 5 business days. Please refer to this website for current processing times.
Relevant Legislation
Probate and Administration Act 1898 (NSW) (Austl.) (accessed 7/11/2018)
Succession Act 2006 (NSW) (Austl.) (accessed 7/11/2018)
Supreme Court Rules Part 78 (NSW) (Austl.) (accessed 7/11/2018)
Supreme Court of Victoria
Phone: 03 9603 9300 (option 1 for Probate and Wills)
Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: [email protected]
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Process
The relevant documents should be completed and filed with the Probate Office of the Supreme Court in person.
For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that specialise on this task and can be found in the yellow section to the right or below.
Affidavits
You must swear or affirm your Affidavit(s) in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- an authorised witness at the Supreme Court Probate Office when lodging the application.
You and one of the above listed witnesses must sign:
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court:
- A copy of the advertisement as per Step 27.9;
- original Will and Codicils (if applicable);
- original and certified copy of the Death Certificate;
- any other Affidavits or documents in support of your application; and
the appropriate forms as determined based on your situation:
- Form Kit – Probate;
- Form Kit – Letters of Administration with the Will Annexed; or
- Form Kit – Letters of Administration/Intestacy.
Fee
Application for Grant of Probate or Letters of Administration: $325.10 (as at September 2018)
Website
Supreme Court of VIC Applying for grant of probate or administration
Estimated Processing Time
5 – 10 working days
Supreme Court of Queensland
Phone: 07 3236 1855
Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: [email protected]
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Process
The following documents and templates can be used for a paper-based application. For complicated applications and when in doubt, it is recommended to seek legal advice. simplyEstate partners with legal firms that specialise on this task and can be found to the right or below.
Affidavits
You must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- a practicing lawyer with a current certificate; or
- a public notary.
You and one of the above listed witnesses must sign:
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
Relevant Documents
You will need to provide the following documents or as requested by the Supreme Court depending on the type of application appropriate for your circumstances:
Grant of Probate:
- Form 101 – Application for probate (will);
- Original Will and two copies;
- Form 105 – Affidavit (probate application);
- Exhibits to the Affidavit (probate application): One of the copies of the Original Will and the original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (probate application));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication).
Letters of Administration with the Will Annexed:
- Form 101 – Application for probate (will);
- Original Will and two copies;
- Form 106 – Affidavit (letters of admin. with will);
- Exhibits to the Affidavit (letters of admin. with will): One of the copies of the Original Will and the original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (letters of admin. with will));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit – (to certify the exhibit for Affidavit of publication).
Letters of Administration without a Will:
- Form 102 – Application for letters (intestacy);
- Form 109 – Affidavit (letters of admin. on intestacy);
- Exhibits to the Affidavit (letters of admin. on intestacy): Original Death Certificate;
- Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (letters of admin. on intestacy));
- Form 104 – Affidavit of publication;
- Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant; and
- Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication).
Fee
Application for Grant of Probate or Letters of Administration: $706.70 (as at September 2018)
Website
Supreme Court of QLD Applying for a grant
Estimated Processing Time
3 weeks
27.11 Actions and Decisions to Complete Step
If you would like a little help from us at simplyEstate with this Step, you can email us or book your free first phone appointment. If you would like specialist help, get in touch with one of our Specialist Partners listed in the yellow section to the right or below and see how they can help.
If you have decided to tackle this Step yourself after reading and understanding this Step, you may want to:
- Determine if an application is required based on the requirement from multiple organisations or based on the individual value of the transfer;
- Establish if you need to apply for Grant of Probate where a valid Will is in place and at least one of the nominated Executors will apply or Letters of Administration with or without a Will (see Step 27.3 above);
- Determine to which Supreme Court you will apply to based on the location and registration of the assets;
- Publish the statutory notice in the relevant State/Territory that you will be applying in;
- Prepare the relevant documents for submission; and
- Apply to the relevant Supreme Court.
Once you have completed all the necessary actions and decisions, you can move on to the next Step by clicking below or save progress at the top.
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Do you need specialist help?
Estate Lawyers
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simplyEstate Specialist Partner Listings coming soon in 2020.
simplyEstate Specialist Partner Listings coming soon in 2020.
simplyEstate Specialist Partner Listings coming soon in 2020.
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