When a parent or relative dies leaving property in New South Wales, the person named as executor in the Will usually has to apply to the Supreme Court of NSW for a grant of probate before banks, share registries and NSW Land Registry Services will deal with them. For many families this is the first time they have dealt with an Australian court, and often it happens while they are grieving and managing affairs in more than one country.
We often hear from executors who live in Singapore, Hong Kong, Malaysia or mainland China, or from families where one child lives in Sydney and the others overseas. This guide explains the NSW probate process step by step, how long it usually takes, and what changes when an executor is not in Australia.
What probate is, and when it is needed in NSW
Probate is a Supreme Court order confirming the Will is valid and authorising the executor to administer the estate. If there is no Will, or no executor can act, letters of administration are needed instead.
There is no rule that probate is needed in every case. Whether you need it depends mainly on what the person owned and how it was held:
- Real estate in the deceased’s sole name, or held as tenants in common, requires a grant before it can be sold or transferred.
- Property and bank accounts held as joint tenants usually pass automatically to the surviving owner, so no grant is needed for those assets.
- Smaller bank accounts and shareholdings may be released by the institution without probate. Each bank or registry sets its own limit and may ask for a death certificate, a copy of the Will and an indemnity.
Contact each asset holder early and ask what they require.
The probate NSW process, step by step
Since 1 August 2023, most uncontested applications for probate in NSW must be prepared and filed online through the NSW Online Registry. The main steps are as follows.
- Find the original Will and any codicils. The Court keeps the original, so make copies first and do not write on it.
- Get the original death certificate and list the assets, which go into an inventory of property.
- Register on the NSW Online Registry. You then answer the online questions about the deceased, the Will, the beneficiaries and the executor. The system generates the summons for probate (Form 111), the draft grant (Form 112), the inventory (Form 117) and the affidavit of executor (Form 118).
- Publish the notice of intended application. NSW law requires at least 14 days’ notice before the summons is filed. The notice is published on the NSW Online Registry in the prescribed form, not in a newspaper. Search the existing notices first to check that no one else has already applied.
- Sign the documents. The executor signs the affidavit before an authorised witness, such as a lawyer or Justice of the Peace, and marks the original Will as required.
- Upload and file. Upload the documents and pay the filing fee online, then send the original Will and any codicils to the Registry, quoting the case number.
- Answer any requisitions. If the Registry needs more information, it issues requisitions by email. The grant will not issue until these are answered.
- Receive the grant, which is issued electronically without a court appearance.
Probate NSW timeline: how long does it take?
There are several time points that matter.
- Within six months of death. An application should be filed within six months of the date of death. If it is later, the executor’s affidavit must explain the delay.
- At least 14 days after the notice. The summons cannot be filed until at least 14 days after the notice of intended application is published.
- Registry processing. Processing times change from week to week and are published on the Supreme Court website. In mid-October 2026, the Registry was assessing straightforward probate applications filed about three to four weeks earlier. Letters of administration were taking considerably longer. Requisitions add more time.
- Before distributing. Executors are generally advised not to distribute the estate until at least six months after the death. Eligible family members have 12 months from the date of death to bring a family provision claim. An executor can also publish a notice of intended distribution on the Online Registry, which gives creditors and claimants 30 days to come forward and can protect the executor from later claims.
Overall, a simple NSW estate often takes several months to a year from death to distribution, and longer with property sales, overseas assets or disagreement.
Executors who live overseas
An executor does not have to live in Australia to apply for probate in NSW. But distance adds practical steps:
- Signing affidavits abroad. The affidavit of executor must be sworn or affirmed before a person authorised to take affidavits in that country, often a notary public or an Australian consular officer. The document must then be posted back with any originals.
- Co-executors. If there are several executors and one lives overseas or cannot be found, the others can apply, with evidence of this, and the absent executor’s right to apply later is reserved.
- Attorneys. Where a beneficiary lives outside NSW, the Court can grant administration to that beneficiary’s attorney. Whether an attorney can act for an overseas executor depends on the circumstances and is worth checking before you start.
- Overseas grants. NSW will reseal a grant only from another Australian state or from a country in the “Commonwealth realm”, such as the United Kingdom or New Zealand. The Court has said it cannot reseal recent grants from Hong Kong, India, Pakistan, Sri Lanka, Fiji, Malta, South Africa or Ireland. In those cases, and for countries such as Singapore, Malaysia or mainland China, a fresh NSW grant is normally needed.
A Will in Chinese or another language needs a proper translation. Executors who cannot manage the process from abroad may renounce or have an Australian lawyer handle it; get advice first.
A practical checklist for NSW executors
- Secure the original Will and get several certified copies of the death certificate.
- List every NSW asset and how it is held, and ask each institution whether it needs a grant.
- Diarise the six-month filing target, the 14-day notice period and the 12-month family provision period.
- Keep paying council rates, strata levies and insurance on any property while the grant is pending.
- If you live overseas, arrange early for a notary or consulate to witness your signature.
- If property will be sold, note that Australia’s capital gains tax rules change from 1 July 2027, and get tax advice on timing.
Frequently asked questions
How long does probate take in NSW?
Once the 14-day notice period has passed and the application is filed, a straightforward application is often processed within several weeks, though Registry times vary and are published online. Requisitions, missing documents or a Will with irregularities can add weeks or months. Distribution usually happens no earlier than six months after the death.
Is probate always required in NSW?
No. If all assets were held jointly, or the amounts are small enough for the bank or registry to release without a grant, probate may not be needed. Real estate in the deceased’s sole name or held as tenants in common will require a grant.
Can I apply for probate in NSW if I live overseas?
Yes. You can be the applicant even if you live abroad, but your affidavit must be sworn before an authorised person where you live, and originals must reach the Registry.
Can a Hong Kong or Singapore grant of probate be used in NSW?
Generally not directly. NSW only reseals grants from Australian jurisdictions and Commonwealth realm countries, and the Court has said recent Hong Kong grants cannot be resealed. A new NSW application is usually needed, often relying on an exemplified copy of the overseas grant and Will.
How Chua Tan Associates can help
We prepare and file NSW probate applications for executors in Australia and overseas, including estates where the Will is in Chinese, the deceased owned assets in several countries, or the executor needs documents witnessed abroad. We work with local lawyers in Singapore, Malaysia, Hong Kong, mainland China and elsewhere so that the Australian grant and any overseas steps fit together, and our notary public can help with documents that must be used outside Australia. We advise in English, Mandarin and Cantonese, so every family member can follow what is happening.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice.
简体中文 
English (Australia) 
繁體中文