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Applying For Probate In Australia
If your loved one created a Will, you may need to apply for Probate. Generally the executor nominated in the Will applies for Probate to the Court.
How Do You Apply For Probate?
To apply, you must be over 18 and you need to be nominated as an executor in the Will (including listed as backup executor).
Before you apply, you must advertise your intention to apply through the NSW Online Registry, and this must be done at least 14 days before the actual application. We can help with this step.
What Forms Must You Fill Out?
There are a range of forms required by the Court for getting probate.
Some of the forms you will need include a Death Certificate provided by the Births, Marriages and Deaths Registry, an affidavit, a list of the assets and liabilities of the deceased and other forms depending on your circumstances.
The person who applies is called the “administrator”.
Estates Plus provides all the forms you need to get probate.
How Long Does It Take?
Once filed, it usually takes the Registry 5 – 10 working days to process an application for probate. However, more complex cases may take longer.
What Are The Court Fees For Probate?
The Court fees for probate vary depending on the value of the estate.
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If the value is under $100,000, then there is NO filing fee.
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Between $100,000 and $250,000 – filing fee is $702
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Between $250,000 and $500,000 – filing fee is $953
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Between $500,000 and $1,000,000 – filing fee is $1460
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Between $1,000,000 and $2,000,000 – filing fee is $1946
How Do I Find Out If Probate Has Been Granted In NSW?
Once it has been approved, the NSW Supreme Court will post the documents to you directly.
If there are any issues with the documents you submit to the court, they will ask for further information or clarification. This is called a requisition. Once these requests for further information have been met, the court will post your documents to you. To avoid requisitions, it’s important your documents are properly prepared.
What Happens After Probate Is Granted In NSW?
Once probate is granted, it is the executor’s responsibility to follow the law to correctly administer the estate.
Among other things, this includes obligations to meet taxation requirements, pay off any debts that the deceased owed and distribute to the beneficiaries according to the Will.
If the executor does not undertake their role in the correct way, they may face legal consequences.
Estates Plus can assist the executor to make sure they meet all their legal duties.
How Much Does An Executor Of A Will Get Paid In NSW?
Payment to the executor for the carrying out of their duties (known as the executor’s commission) varies from case to case.
If there is an express clause in the Will allowing the executor the right to be paid, then in most cases, the executor is paid in accordance with the Will.
If there is no specific payment clause in the Will, the executor needs to apply to the Court to get permission to be paid.
The court looks at the time and energy the executor has put into dealing with the estate. The more complex the work, the higher the pay.
The general rule is the executor may be entitled to be paid 1 to 2% of the value of the estate, provided the court grants permission.
Can Costs Be Recovered?
Yes, all the out-of-pocket expenses the executor incurs can be reimbursed from the estate, before anything is paid to the beneficiaries.
This includes the fees to Estates Plus, as well as court filing fees, etc.
If the executor does not undertake their role in the correct way, they may face legal consequences.
A Free App To Help With Deceased Estates
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Not Sure What You Need?We Can Help
Our expert team at MKI Legal can assist you with any questions about your loved one’s Deceased estate or getting your legal affairs in order before you pass away.
Frequently Asked Questions
We’re here to help you navigate through the loss of a loved one
Once the documents are lodged with the Court, it usually takes 3 to 6 weeks for the Court to review and approve your documents.
These time frames are estimates and there could be delays depending on how busy the court is and if the court has further questions (called requisitions).
Yes. Once you have approved the final version of the documents, we can post them to you (at no further charge).
Yes, once you get the grant documents (e.g probate or letters of administration), you have the right to be reimbursed for your out-of-pocket expenses such as our fees and the court filing fees.