Probate > Online probate notices

​​​​

Notice of intended application for probate, administration or reseal

See also Frequently Asked Questions about Online Publication for additional general assistance.

Which legislative provisions, rules and forms govern the publication of this notice?

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.

Part 78 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.

What is the difference between an application for probate, administration or reseal?

In very simple terms, the applications differ in the following ways:

  • Probate refers to when there is a valid will and at least one of the executors nominated in that will intends to administer the estate once the Court issues a Grant of Probate.
  • Administration with Will Annexed refers to when there is a valid will but no executor is named, or the executor/s declines, or is unable, to apply for a grant of probate. Instead, another person (usually a beneficiary under the Will) can apply to the Court for Letters of Administration with the Will Annexed.
  • Administration refers to when there is no will, or no valid will, and a person wishes to apply to administer the estate under the rules of intestacy. 
  • Reseal is a process adopted when a Grant of Representation has already been made in another state of Australia, or in another country where the Queen is the Head of State, but there is also an estate in NSW that must be administered.

What information do I need to have on hand to complete the form?

You will need to have the following information on hand: 

  • the deceased's date of death 
  • the deceased's will and any codicils (if applicable)
  • the jurisdiction in which the original grant was made, and the type of grant made by the original jurisdiction (if applying for a reseal)

How do I know which wording to use in my Notice of intended application?

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 accoudance 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.

How do I check the Notice before I publish it?

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.
 Preview action buttons

Back to top

What if I cannot register for Online Registry access or pay by credit card?

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.

What do I do if I find a typographical error in the Notice?

If you become aware of a typographical error in a Notice, please contact the Supreme Court within 14 days of publication.  

What happens when the error is corrected?

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.  

What happens if I do not correct an error?

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.

 

​​