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Notice of filing accounts

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    ​​​Which legislative provisions,​ rules and forms relate to this Not​ic​​​​e?

    ​​The rules in relation to applications to pass accounts and for commiss​​​ion are set out in Part 78 Division 11​ of the Supreme Court Rules 1970. The wording of the Notice that will be published online is set out in approved UCPR form 144.

    ​Why should I publish a Not​​ice of filing accounts?

    ​​The publication of a Notice of Filing Accounts alerts any creditors and beneficiaries of an estate that accounts will be filed with the Court. Beneficiaries or a creditor may also wish to inspect the accounts filed.

    Any person, but usually a beneficiary or creditor, may file a notice that they object to the accounts being passed, and/or to a claim for commission (UCPR form 143). If a person files an objection to the accounts they will be added as a defendant to the proceedings and they may be asked to provide submissions in relation to why they object to either the passing of the accounts, or to any allowance for commission.

    When should I publish ​th​​e Notice? ​

    1. Under Part 78 Division 11 Rule 79, you will need to publish a Notice of Filing Accounts at least 14 days before you file your application to pass accounts (and for commission)
    2. The notice is published on the Online Registry and a fee is payable. The form of wording for the Notice of Filing Accounts is prescribed in approved UCPR form 144 and cannot be amended by registry st​​aff.​
    3. The normal time to file accounts is within 12 months of the grant being made​. You should make this application to the Court by filing a notice of motion (UCPR form ​​20​).

    How do I p​ublish the Notice online?

    ​You can publish a Notice in an estate where the case number commences with "2013" (or later) by logging into the NSW Online Registry.

    1. Once you log in, click 'Case list' on the navigation menu. Search for the case that was created when the Notice of Intended Application for probate, administration or reseal was published online. You may need to tick the box that says "Include cases ​​without activity in the last 6 months". You can find further search tips on the NS​​W Online Registry website​.
    2. Once you have found the case, click on the orange 'File a form' icon and select the 'Summons for Probate' proceedings.
    3. A list of forms will display. Click on the link to 'Notice of Filing of Accounts'.​

    How do I check my Notice before I p​ay and publish it online?

    You must always preview your Notice before submitting it for payment and publication. This is because you will not be able to edit the Notice after you pay for, and publish, it. Any changes to the notice post publication will attract a further fee.

    If you notice an error in the previewed Notice, you can close the preview and Edit the form by clicking the pencil icon (see below).
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    ​What my case ​​was commenced before 2013, or if I cannot see​​ "Notice o​​​f Filing Accounts"​​ as an available form for filing?

    Notices of Filing of Accounts cannot be published online if the probate case was started before 2013. In other words, if the original Notice of Intended Application was not published online, then the Notice of Filing accounts cannot be published online.

    If you need to publish a Notice of Filing of accounts in a case that commenced before the year 2013, you will need to the Application to Publish Online Notice of Filing of accounts form ​and return it to the Supreme Court as described on the form.

    Registry staff will then publish the notice on your behalf. 



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