NSW Online Registry Probate: Step-by-Step Guide to DIY Probate in NSW

Since August 2023, most uncontested probate applications in NSW must be filed through the online portal at onlineregistry.lawlink.nsw.gov.au. The portal was built primarily for law firms who file dozens of applications a year. For a grieving family doing this once, navigating it for the first time while managing everything else that follows a death is harder than it should be.

This guide walks through each step in plain language. The process is manageable — many executors do it without a solicitor — but the sequence matters and errors cause delays through a process called requisitions, where the court sends the application back for correction.

Do You Actually Need Probate?

Probate is a court order confirming that a will is valid and that the executor named in it has authority to deal with the estate. Not every estate requires it.

You likely need probate if:

• The estate includes real property (land or a house) in the deceased's sole name
• A financial institution holds significant assets (shares, managed funds, term deposits) and requires a grant before releasing them
• The total estate assets are substantial — most banks require probate for balances above $50,000 to $100,000 (varies by institution)

You may not need probate if the deceased held all assets jointly (which pass by survivorship to the other owner), or if the estate is small and informal releases from institutions are possible.

If in doubt, contact each institution directly and ask what they require before releasing assets.

Step 1: Publish the Notice of Intended Application

Before you can file a probate application, you must publish a Notice of Intended Application through the NSW Online Registry. This notice tells potential creditors and interested parties that a probate application is coming.

Cost: $57

After publishing the notice, you must wait 14 clear days before filing the probate application. Clear days means the day of publication and the day of filing do not count — you need 14 complete days in between.

Note the date you published carefully. Filing before the 14-day wait has elapsed is a common mistake that results in a requisition.

Step 2: Generate the Court Documents

The portal generates three documents for you:

• UCPR Form 111 — Summons for Probate (the application itself)
• UCPR Form 118 — Affidavit of Executor (a sworn statement about the estate and the will)
• UCPR Form 117 — Inventory of Property (a list of assets and their values)

These are generated through the portal based on information you enter. The inventory requires you to know the approximate value of each asset at date of death — you may need bank statements, property valuations, or share registry information to complete this accurately.

The affidavit requires you to swear or affirm to the truth of the statements it contains. This is a legal document. If something in it is wrong, correct it before you swear it — not after.

Handling probate is one step in a larger process. The Estate Settlement Guide for New South Wales covers the complete sequence from death certificate through to final distribution to beneficiaries.

Step 3: Print, Swear, Scan, Upload

Once the documents are generated, you:

1. Print them
2. Sign the Affidavit of Executor before a Justice of the Peace or solicitor (they witness your signature — this is the "swearing" step)
3. Scan the signed originals as PDFs
4. Upload the scanned PDFs back into the portal

JPs are available at most Service NSW centres without appointment and do not charge for this service. You can also use a solicitor or notary public.

The original will must not be uploaded. It must be physically mailed to the Supreme Court Registry. The address and instructions are provided through the portal. Do not fold the original will — and do not remove or replace staples (more on this below).

Step 4: Mail the Original Will

The original will must be physically mailed to the Supreme Court Registry. Use Express Post or registered mail so you have tracking confirmation.

Do not fold the will. Send it flat in a large envelope. Staples are an issue: courts scrutinise evidence that staples were removed and replaced, as this raises questions about whether pages were changed after signing. If the will arrived with staples and you need to photocopy it, use a photocopier that accommodates stapled documents, or request a JP to certify a copy. Do not unstaple and re-staple.

Step 5: Pay the Filing Fee and Wait

Filing fees (2025–26):

Fee waiver: If you hold a healthcare card or Pensioner Concession Card, you may be eligible for a waiver or reduction. Apply through the portal before paying.

For straightforward uncontested applications, the court targets processing within 20 business days. Complex applications, or anything that generates requisitions, will take longer.

Common Causes of Requisitions

A requisition is the court's way of telling you something is wrong and needs to be corrected before the grant can be issued. Each requisition restarts the waiting clock. Common causes:

Name mismatches. The name on the death certificate, the name in the will, and the names in your affidavit must be consistent. If the deceased was known by different names (a shortened name, a maiden name, different middle name spelling), you need to explain and account for every variation.

Undated will. Wills signed without a date are a problem. If the will is undated, you will need additional evidence to establish when it was signed.

Missing signature. Occasionally wills are found that were not properly executed — the testator signed but the witnesses did not, or the witnesses signed on the wrong page. These issues require legal advice.

Staples removed and replaced. As noted above, any evidence that the will's pages were separated and reassembled after signing raises authenticity questions. The court may require a statutory declaration explaining what happened.

Inventory values too vague. The court expects approximate but reasonably specific values. "Some shares" or "a bank account" is not sufficient. Use the balance on the day of death or nearest available date.

Filing before 14 clear days have passed. Straightforward error with a straightforward fix, but it causes delay.

Notice of Intended Distribution: The Other Notice

Probate is not the end of the process. Before distributing the estate to beneficiaries, you should publish a Notice of Intended Distribution — again through the NSW Online Registry (another $57 fee) — and wait at least 30 days before distributing.

This notice protects the executor from creditors who might have outstanding claims against the estate. An executor who distributes without publishing this notice and waiting 30 days may be personally liable to creditors whose claims go unpaid.

The 30-day Notice of Intended Distribution wait is separate from and in addition to the 12-month family provision claim window discussed in the family provision article.

Letters of Administration: When There Is No Will

If the deceased died without a will (or the will cannot be found, or is invalid), the process is called Letters of Administration rather than probate. The applicant is usually the closest next of kin: surviving spouse, or adult child if no spouse survives.

The same portal at onlineregistry.lawlink.nsw.gov.au handles Letters of Administration applications. The process is similar:

• Publish a Notice of Intended Application and wait 14 days
• Complete equivalent court forms (affidavit, inventory)
• Provide evidence of the relationship to the deceased
• No original will to mail, but additional evidence of intestacy may be required

An administrator granted Letters of Administration has the same powers as an executor but must distribute the estate according to the intestacy rules under the Succession Act 2006 (NSW) — not according to any personal preferences or assumptions about what the deceased would have wanted.

If you are administering an intestate estate, the Estate Settlement Guide for New South Wales covers both the probate and administration processes, along with the intestacy distribution rules that determine who receives what.

See more New South Wales guides →