How to Apply for Probate in NSW
Published: 1 May 2026 | Last Updated: 1 May 2026
When someone close to you dies and you're named as executor in their will, one of the first questions you'll face is whether you need to apply for probate. For many people, this is unfamiliar territory, and it can feel daunting on top of everything else that's happening.
This guide explains what probate is, when you need it, and how the process works in plain language.
What is probate?
Probate is the legal process of having a will formally recognised by the Supreme Court of New South Wales. When probate is granted, it confirms that the will is valid and gives the executor the legal authority to deal with the estate's assets: collecting money from banks, transferring property, paying debts, and distributing what's left to the beneficiaries.
Think of it as the court's way of saying: this will is genuine, and this person has the authority to act on it.
Do you always need probate?
Not always. Whether probate is required depends on what assets the deceased person owned and how they owned them. You'll generally need probate when the estate includes:
• Real estate (property) held in the deceased's name alone
• Significant financial: most banks and share registries require a grant of probate before releasing funds above certain thresholds
• Shares or managed funds held solely in the deceased's name
You may not need probate when the estate is small, assets were jointly owned (and pass automatically to the surviving owner), or where the financial institutions involved are willing to release assets without it.
If you're not sure whether probate is required in your situation, that's a good question to bring to an estates lawyer early.
How does the probate process work in NSW?
The probate process in New South Wales involves several steps, and the Supreme Court has specific requirements for how applications are prepared and lodged.
In general terms, the process works like this:
• The executor gathers the original will and the death certificate
• Certain notices are required to be published before the application is lodged (your lawyer will handle this)
• The court application is prepared, which includes an affidavit from the executor and a certified inventory of the estate's assets
• The application is lodged with the Supreme Court of NSW
• If the court is satisfied, a grant of probate is issued - usually within a few weeks for straightforward estates
From there, the executor can begin the process of administering the estate in earnest.
How long does it take?
For a straightforward estate, most probate applications are resolved within four to six weeks of lodgement. More complex estates, or those where there are questions about the will's validity, can take longer.
Do you need a lawyer?
You're not legally required to use a lawyer to apply for probate. But the process involves specific court requirements, and getting the paperwork wrong can cause delays and additional cost. Most executors find it significantly less stressful to have a lawyer manage it on their behalf.
We work with executors and families across NSW through the probate process from start to finish, so you can focus on what matters most.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.