What is the Probate Process in NSW and ACT?
Probate is the legal process through which a deceased person’s will is validated and authority is granted to the executor to administer the estate. While the purpose of probate is consistent across Australia, the procedures and requirements differ between jurisdictions. The following provides a clear, comparative overview of the probate process in NSW, ACT, QLD and WA.
Probate is the Supreme Court of NSW’s confirmation that a will is valid and that the executor has authority to manage and distribute the estate.
Applications should be filed within six months of the date of death. If lodged later, the Affidavit of Executor must explain the delay.
Once probate is granted, the executor must collect assets, pay debts and expenses, and distribute the estate according to the will.
The inventory must disclose all assets and liabilities, including those held outside NSW.
Probate is the Supreme Court of the ACT’s confirmation that the will is valid and that the executor may administer the estate.
Applications are filed with the Supreme Court of the ACT and must include:
Applications are generally expected within six months of death, unless the Court grants leave for a later filing.
Executors must gather assets, pay debts, and distribute the estate in accordance with the will or intestacy rules.
The Court may request further information before granting probate.
Probate confirms that the will is valid and gives the executor authority to administer the estate under Queensland law.
Applications must be filed with the Supreme Court of Queensland. Before filing, QLD requires:
Required documents include the original will, death certificate and an affidavit of executor.
Queensland has no fixed statutory deadline for probate applications.
However, applications must be made within a reasonable time, and delays may require explanation.
If no one applies within three months, the Public Trustee may step in to administer the estate.
Executors collect assets, pay debts and testamentary expenses, lodge tax returns for the deceased and the estate, and distribute the estate.
Rectification applications (to correct clerical errors in a will) must be made within six months unless the estate has not been fully distributed.
Probate is the Supreme Court of Western Australia’s confirmation that a will is valid and the executor may administer the estate.
Applications may be submitted through the WA Probate Online Application for straightforward estates. Required documents include:
There is no strict statutory deadline, but applications must be made within a reasonable time. Delays must be explained.
The Court must be satisfied the will was validly executed and the deceased had testamentary capacity.
Additional information may be requested before granting probate.
Executors must collect assets, pay debts, and distribute the estate according to the will. They may also sell or lease real estate if necessary for administration.
| Aspect | NSW | ACT | QLD | WA |
| Filing Deadline | Within 6 months; explanation required if later | Within 6 months; extensions possible | No statutory deadline; notice requirements; Public Trustee may act after 3 months | No statutory deadline; explanation required for delay |
| Online Application System | Mandatory for most cases | Not mandatory | No | Available for straightforward cases |
| Notice Requirements | None | None | Mandatory Notice of Intention to Apply | None |
| Inventory of Property | Required (Form 117) | Required | Required in affidavit | Required |
The probate process differs significantly between jurisdictions, including documents, deadlines, and procedural steps. Obtaining legal guidance ensures compliance, reduces delays, and protects the executor from personal liability.
The team at Chamberlains is here to assist you through the entire probate application and estate administration process. We’re with you.
If you have any questions or concerns please contact our Private Wealth Director Angela Backhouse on 02 6188 3600