New South Wales Probate: Fees, Deadlines and How to Apply

New South Wales grants probate through the Supreme Court of NSW under the Succession Act 2006 and the Probate and Administration Act 1898. A family provision claim must be filed within 12 months of the date of death, one of only two Australian jurisdictions counting from death rather than the grant.

Information last verified on 20 July 2026. This page presents general legal information, not legal advice.

Jurisdiction scope: This page covers wills, probate, intestacy, family provision claims and enduring powers of attorney in New South Wales only, under the Succession Act 2006 (NSW), the Probate and Administration Act 1898 (NSW), the Powers of Attorney Act 2003 (NSW) and the Guardianship Act 1987 (NSW). It does not describe any other Australian state or territory; see the comparison links below. This is general information, not advice on a specific estate.

Applying for probate in New South Wales

An executor named in a will applies for a grant of probate through the Supreme Court of NSW probate registry, the only court with jurisdiction over probate for a New South Wales estate. Since 1 August 2023, most uncontested applications, whether for probate, administration with the will annexed, or letters of administration where there is no will, must be filed online through the Court's Online Registry. Before filing the summons, the applicant must publish an online notice of intended application and generally wait at least 14 days, so anyone with an interest in the estate can respond. Once satisfied the will is valid and the applicant is entitled to apply, the Court issues the grant, giving the executor legal authority to collect assets, pay debts, and distribute the estate.

Core documents include the original will, a certified death certificate, and a supporting affidavit. Publishing the online notice currently costs $59. Straightforward applications commonly take a few weeks from filing to grant once the notice period passes, though current processing times should be confirmed with the registry. A caveat or dispute over validity moves a matter out of the uncontested track and can add months. See how to apply for probate in Australia for the national process.

Probate fees in New South Wales

New South Wales charges a probate filing fee set by regulation and tiered to the gross value of the NSW estate, reviewed each 1 July. From 1 July 2026, the fee is nil for estates under $100,000, rising through six tiers to $7,399 for estates of $5 million or more. A "nil" tier is a fee waiver on the application, not an exemption from needing a grant; an executor of a small estate still generally needs probate to deal with real property and most bank accounts and share registries.

Also budget for the $59 online notice fee. These are FY2026-27 amounts and typically change on 1 July, so check the Court's current schedule before relying on them. For fee tables in other states and territories, see probate fees across Australia. To estimate the fee for a specific NSW estate value, use the New South Wales probate fee calculator.

Contesting a will in New South Wales: family provision claims

A person who believes a will, or the rules of intestacy, did not make adequate provision for them can apply to the Supreme Court of NSW for a family provision order under Chapter 3 of the Succession Act 2006. NSW is one of only two Australian jurisdictions, alongside Queensland, where the time limit runs from the date of death rather than the grant. Under section 58(2), an application must generally be made within 12 months of death, and the Court only extends that period in limited circumstances. Because the clock starts on death, not on a grant that can itself take weeks or months to issue, a person has less practical time than the 12-month figure alone suggests.

The Act sets out "eligible person" categories, broadly a spouse, a de facto partner, a child, a former spouse, a dependent grandchild, a dependent household member, and a person in a close personal relationship with the deceased. Falling into a category does not decide the outcome; the Court weighs the applicant's position, the estate's size, competing claims and the relationship, and no page can predict a result. Get advice from a solicitor well before the 12-month mark. See contesting a will in Australia for the different time limits used elsewhere.

Dying without a will in New South Wales: intestacy

Where a person dies without a valid will, the Succession Act 2006 sets out who inherits and in what order, a scheme known as intestacy. In broad terms, a surviving spouse or de facto partner with no children from another relationship generally receives the whole estate. Where the deceased is also survived by children of a different relationship, the spouse or de facto partner is entitled to personal effects, a statutory legacy, and a share of what remains, with the balance to the children. Where there is no surviving spouse, de facto partner or child, the estate passes up the family tree to parents, siblings and more distant relatives in an order set by the Act.

The statutory legacy, the fixed sum a spouse or de facto partner receives ahead of children from another relationship, has a base value of $350,000, indexed quarterly to inflation. Because that figure changes every quarter, this page does not state a current dollar amount; confirm it with NSW Trustee & Guardian or a solicitor before relying on it. NSW Trustee & Guardian can also be appointed to administer an intestate estate where no family member applies. See who inherits under intestacy in Australia for the national rules.

Making a valid will in New South Wales

The Succession Act 2006 sets out the formal requirements for a valid will: the document must be in writing, signed by the willmaker (or by someone else in their presence and at their direction), with that signature made or acknowledged in front of two witnesses present at the same time, who then also sign. A person who benefits under a will should generally not witness it, since that can affect their ability to receive the gift. The willmaker must also have testamentary capacity, meaning they understand the nature of making a will, broadly what they own, and who might reasonably expect to be provided for.

Where a document does not meet the formal signing and witnessing requirements, the Act gives the Supreme Court a dispensing power to admit it to probate as if it were a valid will, if satisfied it records the deceased's testamentary intentions, applying a civil, not a criminal, standard of proof. This page describes the general shape of these requirements only, and does not draft or provide will wording, since a validly executed will depends on precise compliance with the Act. See making a will in Australia for the picture across all eight jurisdictions.

Enduring power of attorney and enduring guardianship in New South Wales

New South Wales splits substitute decision-making into two separate legal instruments, which can be given to the same person or to different people. An Enduring Power of Attorney, made under the Powers of Attorney Act 2003 (NSW), authorises an attorney to manage the principal's financial and legal affairs, and, unlike an ordinary power of attorney, continues even if the principal later loses capacity. It does not authorise decisions about health, living arrangements or other personal matters.

Personal and health decisions require a separate document, an appointment of enduring guardian, made under the Guardianship Act 1987 (NSW). An enduring guardian can be given authority over matters such as where the principal lives, what health services they receive, and consent to medical or dental treatment, but has no authority over money or property. A person who wants both areas covered needs both documents, and should decide whether to appoint the same person to each role or split them. See enduring power of attorney in Australia and enduring guardianship and health decisions in Australia; several other states combine both roles into one document, which NSW does not.

How does New South Wales compare to other states?

NSW sits at the longer end of Australia's family provision deadlines, and is unusual in when that deadline starts. Queensland is the only other jurisdiction that also counts from the date of death, but allows only 9 months under section 41(8) of its Succession Act 1981, three months less than NSW; a claim still in time in NSW can already be out of time in Queensland on the same facts. See Queensland probate.

Victoria runs its deadline from the grant of probate rather than death, giving an applicant 6 months from the grant under the Administration and Probate Act 1958, which can open a longer or shorter window than NSW's fixed 12 months depending on how quickly the grant issues. See Victoria probate. Tasmania runs the shortest deadline in the country, just 3 months from the grant, under the Testator's Family Maintenance Act 1912. See Tasmania probate. Because the trigger date and the window length both vary by jurisdiction, a deadline calculated correctly for one Australian state is frequently wrong for another.

New South Wales wills and probate: key figures at a glance

This page is general legal information about wills, probate, intestacy, family provision claims and enduring powers of attorney in New South Wales, verified on 20 July 2026. It is not legal advice, does not cover any other state or territory, and how these rules apply depends on the facts of a particular estate. For advice, consult a legal practitioner admitted in New South Wales, or contact NSW Trustee & Guardian or Legal Aid NSW.

See the Australia wills and probate hub for every jurisdiction, how to apply for probate in Australia for the national process, and contesting a will in Australia for the deadlines that apply outside NSW.

Frequently Asked Questions

How long do I have to contest a will in New South Wales?

Generally 12 months from the date of death, not the date of the grant. Section 58(2) of the Succession Act 2006 (NSW) sets this deadline, and the Supreme Court only extends it in limited circumstances, so get advice well before the 12 months are up.

How much does probate cost in New South Wales?

The Supreme Court filing fee is tiered by the gross value of the NSW estate: nil under $100,000, rising through $960, $1,303, $1,999, $2,663 and $4,439 to $7,399 for estates of $5 million or more (FY2026-27). A separate $59 fee applies to publish the required online notice.

Do I need probate for a small estate in New South Wales?

Often yes. NSW has no statutory small-estate exemption from needing a grant. Some banks and super funds apply their own internal thresholds and release smaller balances without a grant, but that is an institutional policy, not a legal exemption, and should not be assumed for real property or larger accounts.

What happens if someone dies without a will in New South Wales?

The Succession Act 2006 sets the order relatives inherit in. A surviving spouse or de facto partner with no children from another relationship generally receives the whole estate; if there are such children, the spouse or de facto partner receives personal effects, a statutory legacy, and a share, with the rest to the children. With no spouse, de facto partner or child, the estate passes up the family tree.

What is the difference between an Enduring Power of Attorney and Enduring Guardianship in New South Wales?

Separate documents under different Acts. An Enduring Power of Attorney (Powers of Attorney Act 2003 (NSW)) covers financial and legal decisions only. An enduring guardian appointment (Guardianship Act 1987 (NSW)) covers personal and health decisions only. NSW has no combined instrument, so a person generally needs both.

Who can apply for a family provision order in New South Wales?

The Succession Act 2006 defines eligible-person categories, broadly a spouse, a de facto partner, a child, a former spouse, a dependent grandchild, a dependent household member, and a person in a close personal relationship with the deceased. Falling into a category does not decide the outcome.