Step by step guide - Applying for a reseal of a grant

You will need:

• the original grant or an exemplification of the grant, and
• a certified copy of the grant (certified by the Court who made the grant).

If the application is made by a power of attorney, you will also need to supply a certified copy of the power attorney and the original. You can ask for the original power of attorney to be returned to you after the grant is resealed.

You should make extra photocopies of the documents for your own records.

If your application for a reseal of a grant is uncontested, you can apply online using the Probate Service. If your application is complex, you should get advice from a private lawyer.

There are fees for making an application which are payable by credit card.

Once you have registered, you can log on to your account by clicking on the Probate tile on the NSW Online Registry website, or the Probate Service on the Supreme Court of NSW website.

If you do not have access to the internet or if you do not own a credit card, you may visit the Supreme Court registry in person for assistance. 

Once you log into your account on the Probate Service, you can apply for a grant of representation by answering questions about the deceased, their assets (property) in NSW and about yourself as the applicant.

If you need help with your application, click on the Help & Support tab on the Probate Service for instructions and information. You can also use the applicant checklist.

If you don’t have all the information you need, you can save your application and continue later. The Notice of Intended Application for reseal will be published when you apply for a grant of representation.

The Probate service will automatically generate and pre-fill the following forms for you to download and print: 

• Summons (Form 111)
• Reseal (Form 113)
• Inventory of Property (Form 117)
• Affidavit of Applicant for Resealing (Form 121)

You will need to sign the forms in front of a prescribed witness (Lawyer or Justice of the Peace) who will verify your identity. The witness must also sign and write their details.

For more information about where to find a Justice of the Peace, see  Finding a JP on the Department of Communities & Justice website. 

You will be prompted to upload the following documents with the Supreme Court of NSW:

• Summons (Form 111)
• Reseal (Form 113)
• Inventory of Property (Form 117)
• Affidavit of Applicant for Resealing (Form 121)
• Original grant or exemplification of the grant
• Certified copy of the original grant or exemplification

If the application was made by a power of attorney, you should lodge the original power of attorney as a separate document. You can ask the Court to return the original power of attorney to you after the grant is resealed.

You must pay a filing fee if the gross value of the estate is more than $100,000.  The filing fee varies according to the gross (total) value of the estate. 

For more information, see Current fees on the Supreme Court of NSW website.

If you can’t afford to pay the filing fee, you can apply for a waiver, postponement or reduction of the fee.

For more information, see Fee Postponement, Waiver, Refund & Reduction forms on the Supreme Court of NSW website.

You may be asked to file the original will and codicils. Follow the instructions provided to you and remember to keep a copy of all documents before filing with the Court. The Court will not return the original documents.

If your application is incomplete or incorrect, you will receive requisitions from the Court by email which explains the problems with your application.

You will need to either re-file a form or file a separate affidavit to answer the requisition.

The Court will not grant a reseal until you have answered the requisition. The Court may raise further requisitions if the Court is not satisfied with your response.

Your application may be dismissed if you fail to respond to the requisition or if you do not ask for more time to respond to the requisition. 

If there are no problems with your application and documents, and after any requisitions are finalised, the Court will grant a reseal. You will be notified by email.

You do not need to attend court as the Registrar will do this in Chambers (not in an open court).

For more information about what to do after a reseal of a grant, see  Distributing the estate.