Frequently Asked Questions about Online Publication for additional general assistance.
Section 42 and
section 109 of the
Probate and Administration Act 1898 require that at least 14 days' notice must be given before a summons for probate, letters of administration or reseal is filed.
Rule 3 and
Rule 4 of the Supreme Court Rules 1970 specify that the valid method of publication for this notice is via the NSW Online Registry website. The Rules also specify the minimum estate details that the notice must include.
The prescribed wording for the notice is set out in approved
UCPR form 116. This prescribed wording will differ slightly depending on whether you intend to apply for a grant of probate, administration or reseal.
In very simple terms, the applications differ in the following ways:
You will need to have the following information on hand:
The online form will use your answers to the questions in the "Type of Notice" section of the online form to formulate the Notice's wording in accoRdance with
UCPR form 116.
For example, if you indicate in the online form that there is a will, and at least one of the executors nominated in the will intends to apply for probate, the Notice's heading will read "Notice of Intended Application for Probate", and you will be prompted to enter the date of the will so that this can be inserted into the Notice's content. By contrast, if you indicate that there is no will, you will not be asked to enter any will details into the online form, and the content of the Notice will not refer to a will.
Once you have completed all the sections within the online form, it is recommended that you preview your Notice before hitting "Submit". This is because you will not be able to edit the Notice after you pay for, and publish, it.
However, even if you hit "Submit", you will have another opportunity to Preview the form before paying. This additional preview option is available in the "Forms Awaiting Payment" section of the Online Registry and is illustrated below.
If you notice an error in the previewed Notice, you can close the preview and Edit the form by clicking the pencil icon, also illustrated below.
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If you do not have sufficient suitable means of personal identification to create an Online Registry account, or if you do not have a credit card or VISA/Mastercard debit card, Registry staff can publish a Notice for you. Simply complete the relevant hard copy
application form, which includes instructions on how to return it to the Court.
If you become aware of a typographical error in a Notice, please
contact the Supreme Court within 14 days of publication.
If an error is corrected, the 14 day publication period will recommence from the date of correction. You need to wait 14 days from publication of the corrected Notice before a Probate Summons can be filed.
If you do not publish a correct Notice, you may be required to publish and pay for another Notice before the Court can consider a Probate Summons.
Creating an Online Registry account Online Registry Probate Notice publication and search page
Online publication FAQs
Email the Supreme Court's Probate Registry staff