KEY TAKEAWAYS
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Being named executor is usually presented as a compliment. Someone trusted you. What nobody mentions is that it is an unpaid job with statutory deadlines, personal liability, and a court process attached — arriving at the precise moment you are least equipped to handle it.
The good news: the first 90 days follow a fairly predictable shape. In NSW, your legal authority to deal with the estate comes from a grant of probate — a Supreme Court order confirming the will is valid and that you are the person entitled to act on it. Everything below is sequenced by when it is due, not by legal theory, because that is the order the problems actually arrive in.
Days 1–7: Paperwork before anything else
Find the original will. Not a photocopy. The Court wants the physical document with the original signatures. Check the deceased’s solicitor, their bank’s safe custody, and the NSW Trustee & Guardian. A copy is workable but turns a routine application into a complex one.
Register the death and order certificates. The funeral director usually registers the death with the NSW Registry of Births, Deaths and Marriages. The certificate typically arrives within a few weeks — and you cannot apply for probate without it.
Order more copies than you think you need. Banks, share registries, superannuation funds and insurers each want to sight one. Four or five certified copies now saves weeks of chasing later.
Secure the assets. Redirect mail, check that home and contents insurance is still current on a now-vacant property, and note the balance of every account at the date of death. That last figure matters — the filing fee is calculated on it.
Days 7–21: Work out whether you even need probate
Not every estate requires a grant. If everything was jointly owned, it passes to the survivor by survivorship. Superannuation and life insurance usually sit outside the estate entirely. And smaller bank balances are often released on a statutory declaration alone.
Probate is generally required where the deceased owned real estate in their sole name or as tenants in common, or where an asset holder simply refuses to release funds without one. The practical test is unglamorous: call each institution and ask what they require. Banks set their own thresholds, and they vary.
Build the inventory. Every NSW asset with a date-of-death value: bank accounts, real property, shares, accommodation bonds. Then the liabilities — mortgages, credit cards, unpaid rates and utilities, the funeral account. This inventory becomes a formal court document, so accuracy is worth the afternoon.
Days 14–30: Publish the notice, then wait
Here is the step that catches nearly every self-represented executor.
Before you can file, you must publish a Notice of Intended Application on the NSW Online Registry, and at least 14 days must pass before the application is filed. This is not a formality the registry might overlook — it is required by sections 42 and 109 of the Probate and Administration Act 1898 (NSW), and Part 78 of the Supreme Court Rules specifies the Online Registry as the only valid method of publication. The notice currently costs $59.
The fortnight is not wasted time. It exists so creditors can come forward and so anyone holding a later will can speak up. Use it to finish the inventory and get the affidavit ready to swear.
Days 30–60: File the application
Since 1 August 2023, most uncontested applications must be prepared and filed online through the Supreme Court’s probate service. Executors can lodge without a solicitor.
You will need the summons for probate, your affidavit of executor, the original will, the death certificate, and the inventory of property. The affidavit has to be sworn in front of a solicitor or JP.
The filing fee is set by the gross value of estate assets in NSW and updated every 1 July. For 2026/27:
| Gross value of NSW estate | Supreme Court filing fee |
|---|---|
| Under $100,000 | Waived |
| $100,000 – $249,999 | $960 |
| $250,000 – $499,999 | $1,303 |
| $500,000 – $999,999 | $1,999 |
| $1m – $1.99m | $2,663 |
| $2m – $4.99m | $4,439 |
| $5m and above | $7,399 |
Superannuation and life insurance generally do not count toward that gross value. If paying the fee is a genuine hardship, the registry can waive, reduce or defer it on application.
The six-month rule. You are expected to apply within six months of the date of death. Apply later and the Court requires a satisfactory explanation for the delay in an affidavit — not fatal, but avoidable. If you are weighing whether to handle it yourself, this is the point at which most executors get advice about applying for a grant of probate in NSW, because errors here are what generate requisitions.
Days 60–90: Requisitions, the grant, and the second notice
Expect a requisition. If anything in your paperwork is unclear, the registry issues a written query and the application stops until you answer it. Incomplete inventories and doubts about how the will was signed are the usual culprits. The Court publishes its current processing times weekly — worth checking rather than guessing.
Once the grant issues, you can finally act: close accounts, transfer or sell property, pay the debts.
Then stop before you distribute. Two deadlines govern what happens next:
- Publishing a Notice of Intended Distribution and waiting 30 days — and at least six months from the date of death — gives you protection under section 93 of the Succession Act 2006 (NSW) against personal liability to a later claimant you did not know about.
- Eligible people have 12 months from the date of death to bring a family provision claim. Not 12 months from the grant. From the death.
Distribute early without that notice and you can end up personally liable for a claim you have already paid out. It is the single most expensive mistake an executor can make, and it happens for the most sympathetic reason: a beneficiary needed the money.
Frequently asked questions
How long does probate take in NSW?
Realistically three to four months from death for a straightforward estate — a few weeks for the death certificate, 14 days for the notice, then registry assessment. Requisitions add weeks.
Do I always need probate?
No. Jointly owned assets, superannuation, and small bank balances often do not require it. Real estate in the deceased’s sole name almost always does.
Can I apply myself, without a solicitor?
Yes. The online service is open to self-represented executors. It is manageable for a simple estate with a clear will. Solicitors’ fees for a standard application are regulated by scale and can usually be paid from the estate rather than your own pocket.
Do executors get paid?
Not automatically. You can seek a commission, but it must be either agreed by all beneficiaries or approved by the Court. Reasonable out-of-pocket expenses are reimbursable from the estate.
What if I do not want the job?
You can renounce — but only before you start dealing with the estate. Once you have acted, you are generally committed. Decide early.
