Step 27 – Deceased Estate Administration Guide
Grant of Probate Application and Letters of Administration Application
- Last Updated: May 2022
What is a Probate application and which type do you need? This step explains everything you need to know about Grant of Probate application or Letters of Administration application with the Supreme Court. Use our handy assessment to determine what type of application is required. The application process for the various States/Territories is explained to help you with this key step.
Probate Assessment
Find out what application you need by answering a few simple questions by clicking on each answer.
Overview
As the Executor, Administrator or Next of Kin you will most likely make a Grant of Probate application or Letters of Administration application. In Australia, deceased estate probate is issued by the relevant Supreme Court and confirms the death, the validity of a Will (if one was in place) and formalises who acts as the Executor or Administrator to manage, administer and finalise the deceased estate for distribution. This means that bank accounts, property, tax and other obligations can be dealt with and claimed on behalf of the estate. The Grant of Probate or Letters of Administration will be requested by each Organisation who releases the funds and makes a transfer (e.g. Title Office, Bank, Insurance, Superannuation, Aged Care Home etc.).
This step will help you:- determine which type of application you need for your situation;
- assess your personal liability and administration risk; and
- apply to the relevant Supreme Court.
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27.1 Why is Grant of Probate or Letters of Administration Needed?
By now you have determined 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 determine what forms part of the estate based on the ownership of each asset, liability and personal belonging.
In Steps 12 – 25 you have been in contact with the relevant government departments, companies and organisations that the deceased person 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 that a Grant of Probate or Letters of Administration is required for them to transfer or release funds or titles to the estate.
Generally speaking, a Grant of Probate or Letters of Administration will be requested each time you request a transfer of property or release of funds into the ‘Estate of the Late’ bank account or estate for finalising and distribution. An ‘Estate of the Late’ bank account should be opened while you wait for probate, which is covered in Steps 19.8 – Why Open an ‘Estate of the Late’ Bank Account and 30.1 – Set-up the Deceased Estate.
27.1.1 Why Organisations and Companies Require Probate
Some reasons why organisations and companies will ask for the Grant of Probate or Letters of Administration are to:- know that the deceased person has actually passed away and this was confirmed by the Supreme Court;
- ensure that the organisation is dealing with the official representative (Executor or Administrator) of the estate to avoid fraudulent claims;
- be certain that the Supreme Court has reviewed the Will(s) (where available) for its validity and determine which was the latest Will to avoid a claim by someone who was superseded by a newer Will appointing someone else as Executor; and
- have confidence that where no Will was in place, the Administrator was properly identified and appointed by the Supreme Court to act on the estate’s behalf per the relevant laws to protect the asset they will transfer.
27.1.2 Why Executors and Administrators Should Apply for Probate
Some reasons why most Executors and Administrators make a Grant of Probate application or Letters of Administration application are to:- follow due process by properly advertising the Notice of Intended Application and comply with the necessary timeframes required by law;
- avoid duplication where another Will may exist appointing someone else as Executor who has applied or will also apply;
- reduce your personal liability risk by needing to sign indemnity and release forms;
- reduce your personal liability risk for claims made by another Executor, family member, Beneficiary or Creditor against the estate or yourself; and
- reduce the likelihood of claims made against the estate costing substantial funds and take up time.
27.1.3 When Deceased Estate Probate is Needed
Some examples may help you understand when a Grant of Probate application or Letters of Administration application is needed when:- the estate value is greater than $50,000;
- the deceased person had bank accounts, property, shares, business interests, other assets or liabilities in their own name or as tenants in common;
- you deal with the Australian Taxation Office (ATO) for previous individual tax returns or lodging an estate tax return;
- multiple Wills and codicils are in place or the Will may not be executed properly;
- the Will requires a distribution to a vulnerable Beneficiary and/or a charitable organisation;
- you foresee or have already experienced disputes and/or claims against the estate by family members, beneficiaries or other parties and you as the Executor or Administrator want to protect yourself;
- the deceased person divorced, married or re-married after making the Will;
- the Will excludes immediate family members, step-children, ex-spouses and/or ex-defacto partners;
- the deceased person had complex asset structures (including a trust, business, Self-Managed Super Fund (SMSF), shares and other investments;
- the Superannuation and/or life insurance benefit will be paid to the estate;
- assets are located in other States/Territories or overseas; and/or
- the deceased person lived in an aged care home and a RAD or bond will be claimed by the estate.
Without Grant of Probate or Letters of Administration, some organisations and companies may refuse to transfer funds, assets and/or liabilities to the estate, stopping you from finalising and distributing the estate.
27.2 Three Types of Grant of Probate Applications or Letters of Administration Applications
27.2.1 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.
Read the following Steps 27.3 – 27.9 to determine who is eligible to apply and how to apply.
Request a fixed-fee Grant of Probate application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Probate Quote.
27.2.2 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.
Read the following Steps 27.3 – 27.9 to determine who is eligible to apply and how to apply.
Request a fixed-fee Letters of Administration application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Letters of Administration Quote.
27.2.3 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.
Read the following Steps 27.3 – 27.9 to determine who is eligible to apply and how to apply.
Request a fixed-fee Letters of Administration application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Letters of Administration Quote.
27.3 Who can Apply to the Supreme Court
27.3.1 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 27.3.2 and provide further documentation as outlined in Step 27.9 below.
Request a fixed-fee Grant of Probate application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Probate Quote.
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 27.9 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.
Request a fixed-fee Grant of Probate application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Probate Quote.
27.3.2 Letter of Administration with 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.
Request a fixed-fee Letters of Administration application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Letters of Administration Quote.
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 27.9 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 LegislationADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 2/1/2021)
The sole or main Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of NSWApplying for Letters of Administration with the Will annexed, Paragraph 5 (accessed 2/1/2021)
The major Beneficiary as per the Will should apply to the Supreme Court.
Supreme Court of VICApplying for a grant of probate or administration, Step 2 (accessed 2/1/2021)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 2/1/2021)
Request a fixed-fee Letters of Administration application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Letters of Administration Quote.
27.3.3 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 Letter of Administration.
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 2/1/2021)
The following persons can apply for Letter 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.
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 2/1/2021)
The following persons can apply for Letter 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.
Applying for a grant of probate or administration, Step 2 (accessed 2/1/2021)
Relevant Legislation
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 610 (Aust.) (accessed 2/1/2021)
Request a fixed-fee Letters of Administration application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Letters of Administration Quote.
27.4 Which Supreme Court to Apply to
An application needs to be made based on the State/Territory in which the assets 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 calculates the total estate value that will need to be provided with the Grant of Probate application or Letters of Administration application.
Request a fixed-fee Probate application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Probate Quote.
27.5 Important Information
- The Statement of Assets & Liabilities should be completed before applying to the Supreme Court for Grant of Probate or Letters of Administration as the figures form 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 held on file.
- An application for Grant of Probate or Letters of Administration can be lodged earliest 14 or 15 days after the date of advertising the notice of intended application (refer to Step 27.8).
- A Grant of Probate application or Letters of Administration application made six months after the death or later, requires an explanation for the delay in an Affidavit.
- If the name of the Executor has changed and is different to the name in the Will, an explanation is to be provided in an 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 one of our trusted lawyers near you.
- 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.
27.6 When Should a Lawyer be Consulted
Grant of Probate applications or Letters of Administration applications 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 can be completed by yourself following the process outlined on this website or with help from a legal representative.
However, simplyEstate always recommends having a lawyer review your situation and make the application to ensure all risks were identified, all appropriate documents, forms, affidavits and fees are submitted properly to avoid the court’s rejection.
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 laws and probate rules are 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 lawyer.
Request a fixed-fee Probate application quote from our Trusted Partner, Willed Law. Avoid an incomplete application being rejected.
Please provide your details to receive: Fixed-Fee Probate Quote.
27.7 Documents for Grant of Probate Application and Letters of Administration Application
- 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.
- Form or Affidavit renouncing the duties of Executor; and
- 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.
- 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; and
- It is highly recommended to always photocopy all documents supplied to the Supreme Court Registry for your own records.
27.8 Publish the Statutory Notice
If you have determined that a Grant of Probate or Letters of Administration is 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 34.7 – 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 5333Contact 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.
TimeframeThe application to the Supreme Court of WA for Grant of Probate or Letters of Administration can only be made 14 after the notice was published.
ProcessDraft the notice content in accordance with the probate rules and provide the notice and billing address to advert@thewest.com.au or contact 13 22 80 or 08 9482 2300 to speak with someone.
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 Grant of Probate application or Letters of Administration application.
Supreme Court of New South Wales
Phone: 1300 679 272Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: sc.probate@justice.nsw.gov.au
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 – OnlineThe 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
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 NumberOnce 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 27.9 below.
Search for Previous ApplicationsPrior 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: $48 (as at 1 July 2020)
- Search fee: $63 (as at 1 July 2020)
Supreme Court of Victoria
Phone: 03 8600 2000Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: probate@supcourt.vic.gov.au
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 – OnlineThe Probate Online Advertising System of the Supreme Court of VIC allows you to complete and submit your Request for Notice of Making a Grant. The application to the Supreme Court of VIC for Grant of Probate or Letters of Administration can only be made after 15 days after the date when the Notice of Intended Application was published.
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: poas@supcourt.vic.gov.au.
Process – PaperIf 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 ApplicationsPrior 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: $24.00 (as at 1 July 2021)
- Search fee: $36.10 (as at 1 July 2021)
Supreme Court of Queensland
Phone: 07 3236 1855Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: enquiries@queenslandreports.com.au
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.
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.
FeesNotice of an Intended Application: $161.70 (as at 1 July 2020)
27.9 Grant of Probate Application & Letters of Administration Application Process
The probate application process and documents vary in each State/Territory. simplyEstate has compiled all the common information and documents for your selected 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 5333Contact 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
Applying for Letters of Administration WA
Letters of Administration applications are considered a complex legal processand simplyEstate recommends seeking professional advice to consider your situation and draft the appropriate forms and documents needed by the Supreme Court.
Request a fixed-fee Letters of Administration application quote from our trusted partner, FourLion Legal. Avoid an incomplete application being rejected.
Applying for Probate WA
Process – OnlineThe 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 – PaperIf 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 can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
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.
- 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 Sections 8, 9 and 19
- Application for Grant of Probate or Letters of Administration: $370 (as at 1 October 2020)
- Search fee: $54 (as at 1 October 2020)
Supreme Court of WA, Frequently Asked Questions
Estimated Processing Time4 weeks
Relevant LegislationADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Supreme Court of New South Wales
Phone: 1300 679 272Opening Hours: Monday – Friday, 8:30am – 4:30pm AEST
Email: sc.probate@justice.nsw.gov.au
Address: Law Courts Building, Level 5, 184 Phillip Street, Sydney NSW 2000
Post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001
Applying for Letters of Administration NSW
Letters of Administration applications are considered a complex legal processand simplyEstate recommends seeking professional advice to consider your situation and draft the appropriate forms and documents needed by the Supreme Court.
Request a fixed-fee Letters of Administration application quote from our trusted partner, Willed Law. Avoid an incomplete application being rejected.
Grant of Probate Application NSW
Process – PaperThe 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 can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
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.
- 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
- Application for Grant of Probate or Letters of Administration: $0 – $5,948 (as at 1 July 2020) depending on the total value of the estate, which can be checked here
- Search fee: $63 (as at 1 July 2020)
- Reseal fee: $63 (as at 1 July 2020)
Supreme Court of NSW, Applying for probate
Estimated Processing Time20 work days. Please refer to this website for current processing times.
Relevant LegislationPROBATE AND ADMINISTRATION ACT 1898 (NSW) (Austl.) (accessed 2/1/2021)
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
SUCCESSION ACT 2006 2006 (NSW) (Austl.) (accessed 2/1/2021)
SUPREME COURT RULES PART 78 (NSW) (Austl.) (accessed 2/1/2021)
Supreme Court of Victoria
Phone: 03 8600 2000Opening Hours: Monday – Friday, 9:30am – 4:00pm AEST
Email: probate@supcourt.vic.gov.au
Address: Level 2, 436 Lonsdale Street, Melbourne Victoria 3000
Post: Probate Office, Supreme Court of Victoria, 210 William Street, Melbourne Victoria 3000
Applying for Letters of Administration Victoria
Letters of Administration applications are considered a complex legal processand simplyEstate recommends seeking professional advice to consider your situation and draft the appropriate forms and documents needed by the Supreme Court.
Request a fixed-fee Letters of Administration application quote from our trusted partner, Willed Law. Avoid an incomplete application being rejected.
Applying for Grant of Probate Victoria
ProcessThe 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 can help with this task and can be found below.
You must swear or affirm your Affidavit(s) in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- authorised witness at the Supreme Court Probate Office when lodging the application.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
You will need to provide the following documents or as requested by the Supreme Court:
- A copy of the advertisement as per Step 27.8;
- 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,
- Form Kit – Probate;
- Form Kit – Letters of Administration with the Will Annexed; or
- Form Kit – Letters of Administration/Intestacy.
- Application for Grant of Probate or Letters of Administration: $63.10 – $2,134.30 (as at 1 July 2021) depending on the total value of the estate, which can be checked here
- Search fee: $36.10 (as at 1 July 2021)
- Reseal fee: $24.00 (as at 1 July 2021)
Supreme Court of VIC Applying for grant of probate or administration
Estimated Processing Time2 weeks
Supreme Court of Queensland
Phone: 07 3236 1855Opening Hours: Monday – Friday, 9:00am – 4:00pm AEST
Email: enquiries@queenslandreports.com.au
Address: QEII Courts of Law Complex, 415 George Street, Brisbane Qld 4000
Post: PO Box 15167, City East Qld 4002
Applying for Letters of Administration QLD
Letters of Administration applications are considered a complex legal processand simplyEstate recommends seeking professional advice to consider your situation and draft the appropriate forms and documents needed by the Supreme Court.
Request a fixed-fee Letters of Administration application quote from our trusted partner, Willed Law. Avoid an incomplete application being rejected.
Applying for Grant of Probate QLD
ProcessThe 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 can help with this task and can be found below.
AffidavitsYou must swear or affirm your Affidavit in front of a:
- Justice of the Peace;
- practicing lawyer with a current certificate; or
- public notary.
- each page of the Affidavit;
- the final page of the Affidavit; and
- the cover of the Will.
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).
- 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).
- 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).
Application for Grant of Probate or Letters of Administration and Reseal: $748.10 (as at 1 July 2020)
WebsiteSupreme Court of QLD Applying for a grant
Estimated Processing Time4 – 6 weeks
Complete Step
Actions and Decisions to Complete Step Yourself
If you have decided to tackle this Step yourself after reading and understanding the above, you may want to:
- Understand why a Grant of Probate application or Letters of Administration application is needed based on the estate, risk of possible disputes or claims, or requirements by organisations to release assets
(see Step 27.1 above); - Determine which type of application you will need to lodge with the Supreme Court e.g. 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 27.2 above); - Determine which Supreme Court you will apply to based on the location and registration of the assets
(see Step 27.4 above); - Prepare the relevant documents for submission
(see Step 27.7 above and forms below); - Publish the statutory notice in the relevant State/Territory that you will be applying in
(see Step 27.8 above); and - Apply to the relevant Supreme Court
(see Step 27.9 above).
Click for supporting:
Information
Forms
Legislation
Cost & Effort
Reading: 1.5 hrs
Preparing: 2-5 hrs
Completing: 1-3 hrs
Waiting: 3-10 wks
Total: 3-11 wks
Cost: $370–$5,948
Effort and cost are general estimates only and are based on the assumption that you complete this step without experienced support.
Instructions
To find out how this Process Guide works, access the instructions here.
Glossary
To find out what the capitalised words mean, access the glossary here.
Forms
Statutory Notice in WA
Notice FormConsent Form
Grant of Probate & Letters of Administration in WA
Notice FormConsent Form
Affidavit Template
Request to Collect Grant
Statement of Assets and Liabilities
Statutory Notice in NSW
Online FormForm 116 – Notice of intended application for probate, administration or reseal
Grant of Probate & Letters of Administration in NSW
Summons for probate, administration, administration with the will annexed or resealAffidavit of executor
Grant of probate, letters of administration or Letter of Administration with the will annexed
Inventory of property
Statutory Notice in VIC
Online FormForm 3-6A – Request for Notice of Making of Grant
Grant of Probate & Letters of Administration in VIC
Form Kit – ProbateForm Kit – Letters of Administration with the Will Annexed
Form Kit – Letters of Administration/Intestacy
Statutory Notice in QLD
Form 103 – Notice of intention to apply for grant
Grant of Probate & Letters of Administration in QLD
Form 47 – Certificate of exhibit (to certify the exhibits for Affidavit (probate application))Form 47 – Certificate of exhibit (to certify the exhibit for Affidavit of publication)
Form 101 – Application for probate (will)
Form 102 – Application for letters (intestacy)
Form 103 – Exhibit to the Affidavit of publication: Notice of intention to apply for grant
Form 104 – Affidavit of publication
Form 105 – Affidavit (probate application)
Form 106 – Affidavit (letters of admin. with will)
Form 109 – Affidavit (letters of admin. on intestacy)
Refer to Step 27.8 and Step 27.9 above for more detail about these forms.
Other forms not listed here may be required based on your specific circumstances.
Checklists & Tools
Use Australia’s smartest Assets & Liabilities Inventory to automatically calculate the estate value for Grant of Probate.Legislation & Rules
Grant of Probate in WA
Assets & Liabilities
ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)Letter of Administration WA
With a Will
ADMINISTRATION ACT 1903 (WA) Section 36 (Austl.) (accessed 2/1/2021)ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Without a Will
ADMINISTRATION ACT 1903 (WA) Section 25 (Austl.) (accessed 2/1/2021)ADMINISTRATION ACT 1903 (WA) Section 43 (Austl.) (accessed 5/4/2021)
Grant of Probate in NSW
Assets & Liabilities
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)Letters of Administration in NSW
With a Will
Supreme Court of NSW, Applying for Letters of Administration with the Will annexed Paragraph 5 (accessed 2/1/2021)PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
Without a Will
PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 63 (Austl.) (accessed 2/1/2021)PROBATE AND ADMINISTRATION ACT 1898 (NSW) Section 81A (Austl.) (accessed 5/4/2021)
Grant of Probate in NSW
Assets & Liabilities
ADMINISTRATION AND PROBATE ACT 1958 (VIC) Section 28 (Austl.) (accessed 5/4/2021)Letters of Administration VIC
With a Will
Supreme Court of VIC, Applying for a grant of probate or administration Step 2 (accessed 2/1/2021)Without a Will
Supreme Court of VIC, Applying for a grant of probate or administration Step 2 (accessed 2/1/2021)Letters of Administration in QLD
With a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 603 (Aust.) (accessed 2/1/2021)Without a Will
UNIFORM CIVIL PROCEDURE RULES 1999 (QLD) Section 610 (Aust.) (accessed 2/1/2021)Other legislation and rules not listed here may apply to your specific circumstances.
Ask for Support
Trusted Support
When you need specific expertise, get in touch with us or our trusted partner near you.
Administration Support WA
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Legal Support WA
We can help with:- establishing validity of a Will
- determining the Executors or Administrators (without a Will)
- administering end-to-end
Administration Support NSW
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Fixed-Fee Probate in NSW
We can help with:- applying for fixed-fee Grant of Probate
- applying for fixed-fee Letters of Administration
- assessing if you need Probate or Letters of Administration
Request a fixed-fee quote from Willed Law in less than a minute.
Request a Quote
Administration Support VIC
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Fixed-Fee Probate in Victoria
We can help with:- applying for fixed-fee Grant of Probate
- applying for fixed-fee Letters of Administration
- assessing if you need Probate or Letters of Administration
Request a fixed-fee quote from Willed Law in less than a minute.
Request a Quote
Administration Support QLD
We can help with:- discussing this step in detail
- assessing your approach and best way forward
- helping with engaging a Probate Lawyer
Review our services and book a phone appointment.
Find Out More
Fixed-Fee QLD Probate
We can help with:- applying for fixed-fee Grant of Probate
- applying for fixed-fee Letters of Administration
- assessing if you need Probate or Letters of Administration
Request a fixed-fee quote from Willed Law in less than a minute.
Request a QuoteHelp us improve this step