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Wills and estates

Information about funerals, wills, beneficiaries, and distributing an estate.

  • This topic covers

    • Funerals
    • Making and changing a Will
    • The rights of beneficiaries
    • Letters of Administration and Probate
    • Distribution of an estate.

Time limitAction
14 daysA Notice of intended application must be published online on the Supreme Court of NSW website about your intention to apply for Probate or Letters of Administration at least 14 days before you make the actual application.
Six monthsFrom the date of death to apply for a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will). If you apply later than this, you will need to file an Affidavit explaining the delay.
12 monthsFrom the date of death to make a family provision claim.

Organisation

OrganisationResponsibilities
Equity Division of the Supreme Court of NSWThe Equity Division of the Supreme Court of NSW is responsible for dealing with applications for Probate and Letters of Administration.

Legislation

AuthorityCovers
Succession Act 2006 (NSW)The Succession Act 2006 (NSW) sets out the law in relation to making a Will, family provision disputes and intestate estates.
Probate and Administration Act 1898 (NSW)The Probate and Administration Act 1898 (NSW) sets out the law in relation to applying for Probate or Letters of Administration.

Common termDefinition
AdministratorThe person who is granted Letters of Administration after someone has died without leaving a Will. The administrator has legal authority to distribute the deceased person's estate.
BeneficiaryThe person who will inherit and receive a benefit under the terms of a Will. Also known as a donee or grantee.
CodicilA separate written document made by the testator that is dated, signed and witnessed exactly like a Will and is attached to the original Will. The purpose of a Codicil is to make some changes to the original Will without making a new Will.
​Digital asset​Any item of text or media that has been formatted into a binary source and over which a person has some form of rights, for example emails, blogs, social media accounts, online store accounts and domain names. 
Eligible relativeA relative of the intestate who is entitled to share in the distribution of the intestates’ estate.
EstateThe real and personal property owned by the deceased person. This may include money, shares, vehicles, land and personal belongings. 
ExecutorThe person appointed in a Will who has the responsibility and authority to manage the estate of the deceased person. May also be called an executrix if the executor is female.
Family provision claimA claim made in the District Court of NSW or Supreme Court of NSW that decides how assets in an estate are divided when there is a dispute.
IntestateWhen a person dies without a Will.
Letters of AdministrationDocuments issued when there is no Will to appoint a particular person or persons to administer a deceased person's estate. 
ProbateThe legal process of proving the Will. A legal document issued under the seal of the Supreme Court of NSW, certifying that the Will has been proved and granting the executor authority to administer the estate. 
Residuary estateThe remaining assets that are not specified in the will. These assets become part of the residuary estate.
TestatorThe person who makes a Will. May also be called a testatrix if the person is female.​
TrusteeA person who holds property on trust for another person. For example, a person that holds on to money for a minor until they reach a certain age.
WillA written document that sets out how assets are to divided after a person dies.

OrganisationFee
Supreme Court of NSW

When you apply for a Grant of Probate or Letters of Administration, you have to pay a filing fee. The filing fee varies depending on the value of the estate. 

See Fees on the Supreme Court of NSW website.

 

OrganisationForm
Supreme Court of NSWThe Probate Service on the Supreme Court of NSW website has the forms you need to complete to apply for a Grant of Probate, Letters of Administration or reseal of a grant. 

TypeCosts
Wills
Will preparationIf you choose to have a lawyer prepare your Will or Codicil, you should find out what their fees will be as these can vary.
Will preparation NSW Trustee and GuardianThe NSW Trustee & Guardian can prepare your Will for a fee. There is no cost if you are eligible for a full Centrelink Age Pension. You can choose your own executor or appoint the NSW Trustee & Guardian to be your executor. For a list of fees, see Will Fees on the NSW Trustee & Guardian website.  
Probate and administration​​ costs
Scale costs

These costs are usually separated into the costs of applying for the Grant of Probate or Letters of Administration and the costs of administering the estate.

The costs that can be charged by private lawyers for applying for the Grant of Probate or Letters of Administration are set out in the Legal Profession Uniform Law Application Regulation 2015 (NSW). This means they must charge a fixed amount for the work related to obtaining the Grant. Lawyers often refer to these costs as scale costs.

The scale costs cover work which strictly relates to obtaining the Grant of Probate or Letters of Administration including:

  • ​​​​taking instructions from the executor or administrator to obtain the Grant
  • verifying assets of the estate
  • preparing court documents for the Grant
  • attending on the executor or administrator to sign the court documents
  • lodging documents in court
  • answering any requisitions raised by the court.
Additional legal costs

There is often work carried out by lawyers before obtaining the Grant which falls outside of the scale costs and lawyers are entitled to charge separately for that work. This includes:

  • enquiries to find out about certain assets
  • sorting through estate papers
  • searches to find out who the beneficiaries are
  • advising on taxation and obtaining valuations and appraisals for property.
Conveyancing costs

Lawyers can also charge separate conveyancing costs if property in the estate is required to be sold.

NSW Trustee and GuardianIf the NSW Trustee & Guardian is appointed to deal with the estate, a different scheme for costs applies. The rates charged by the NSW Trustee & Guardian covers applying for a Grant of Probate and the costs of administering the estate to finalisation, including conveyancing costs on the sale of an estate property.
Executor costsIf you are an executor and you administer the estate without the help of a lawyer, you can apply to the Supreme Court of NSW for an amount out of the estate to cover the cost of the work you have done.
Legal costs in a family provision claimIn a successful family provision claim, the Supreme Court of NSW may order that legal costs are paid out of the estate. If you lose a family provision claim, you may be ordered to pay legal costs.​​

Frequently Asked Questions

Wills and estates FAQs

Frequently Asked questions about funerals, wills, the rights of beneficiaries, and distributing an estate.

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Last updated: December 2024