From 1 August 2023, applications for uncontested probate will be applied for and filed online.
This change seeks to dramatically improve the timeliness of processing uncontested probate matters.
What is Probate?
A grant of probate gives legal authority to an executor (or executors) to manage the estate of a deceased person in line with the provisions of their will.
The current process for Probate Applications?
Previously, a grant of probate required the executor to publish a Probate Notice of their intention to make an application with the NSW Online Registry.
After 14 days of such published Probate Notice, the executor could then make an application for probate with the NSW Supreme Court.
Changes to the Probate Application System?
From 1 August 2023, applications for uncontested probate will be applied for and filed online. Applicants will no longer need to publish a Probate Notice of the intended application as this will automatically be generated when the applicant files an online application.
With the transition online, other changes to consider include:
- Paper-based forms will be replaced as the online system will generate the summons, affidavit of executor/ administrator, inventory of property, and grant based on the answers provided in the application. This will be downloaded, signed, and filed through the online system;
- The guided pathway will provide the opportunity to upload additional affidavit evidence as well;
- Applicants will no longer need to prepare documents for sealing and posting the grant back as the online system will generate these documents and place a digital seal on each page;
- Once the registrar determines that a grant should be issued, copies of the grant will promptly be accessible for download from the online system;
- Copies of testamentary documents, such as wills and codicils will need to be scanned and uploaded to the online system;
- Note that the original version of testamentary documents must also still be filed with the Court.
How Will These Changes Affect Probate Applications?
The changes seek to dramatically improve the timeliness and accuracy of processing uncontested probate matters. The online system will facilitate a smoother process for uploading affidavit evidence, allowing applicants to access more efficient processes through online platforms.
Please note that to assist with this transition, the registry has confirmed that it will continue to accept paper-based applications up to and including 1 September 2023.
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*This article is not intended to provide legal advice. Please contact our office to discuss your specific circumstances.