New South Wales wills and probate: identify the task before acting

Separate planning a will from administering an estate

The NSW Government’s will guidance describes a written will signed by the will-maker (or, in specified circumstances, another person at the will-maker’s direction) and witnessed by two adults in the will-maker’s presence. It also says witnesses cannot be beneficiaries. These are official starting points, not a do-it-yourself test of whether a particular document is valid.

After a death, the NSW Government describes probate as a Supreme Court order concerning the will and the executor’s authority to deal with the estate. Its guidance points to letters of administration as a different process in circumstances such as no will or no executor able or willing to act. The right next step depends on the facts; this summary does not decide whether a grant is needed.

Questions to bring to an adviser

• Is the immediate task to make or update a will, or to administer an estate after a death?
• Where is the signed original, and might a later document exist?
• Has a qualified NSW professional reviewed questions about validity or authority?

Use NSW court guidance for NSW questions

The Supreme Court of NSW provides probate information and links to its online registry and application materials. The research source notes say most uncontested applications for a grant of representation have been required to be applied for and filed online since 1 August 2023. Procedures and forms can change, so check the Court’s current instructions before preparing or lodging anything.

The cited government and court pages address New South Wales. They do not establish requirements in another Australian state or territory, or determine which jurisdiction is relevant where a person, property, or document has connections elsewhere. Do not combine checklists from different places without advice.

Questions to bring to an adviser

• Which state or territory—and potentially which country—is connected to the person and property?
• What does the current NSW Supreme Court registry require for this type of application?
• Do cross-border assets or documents call for advice in another jurisdiction?

Make a useful record without deciding the legal result

For a conversation with the court or a lawyer, organise the will and related correspondence, note where records are held, and list known property and outstanding questions. Keep uncertain details clearly marked. A list helps describe the situation; it does not establish who owns an asset, who inherits, or who is authorised to act.

The official pages cited here do not resolve an informal or disputed document, family provision questions, asset-specific grant requirements, tax, religious or personal-law issues, or the effect of residence and property in another jurisdiction. Those subjects require fact-specific review.

Scope and non-advice

This article is limited to New South Wales and does not provide an Australia-wide will or probate checklist. It is general information, not legal, tax, financial, or court-filing advice. It does not create or validate a will, determine an executor’s authority, identify anyone’s inheritance, or choose applicable law.

The sources were recorded as opened on 28 September 2026; no new source check or legal-professional review is claimed. Before acting, confirm current requirements with the relevant NSW court and consult a qualified NSW succession lawyer. If the facts involve another state, territory, country, religious or personal-law question, consult qualified local counsel in each relevant jurisdiction.

Official starting points

Check these sources for updates; their guidance may have changed since our last source check.

• NSW Government — Learn about wills
• NSW Government — Get a grant of probate or letters of administration
• Supreme Court of NSW — Probate
• Supreme Court of NSW — Applying for a grant of probate