Probate Forms NSW: Every UCPR Document Executors Need to File

Probate applications in NSW are governed by the Uniform Civil Procedure Rules (UCPR), and the forms that go with those rules are unlike anything most people have filled out before. They're numbered, they cross-reference each other, and the court's requirements about how they're assembled are precise enough that common sense alone won't always get you through.

Here's what each form is, what it's for, and the key things to get right before you file.

How NSW Probate Forms Work

All UCPR probate forms are available through the NSW Online Registry and the Supreme Court website. Since August 2023, uncontested probate applications are filed digitally through the NSW Online Registry — but you still need to physically mail or deliver the original Will, original Death Certificate, and a generated cover sheet to the Supreme Court Registry in Sydney.

The forms you need depend on whether there is a valid Will (probate) or no Will at all (Letters of Administration).

The Core Forms for a Standard Probate Application

Form 111 — Summons for Probate

This is the document that formally initiates your application with the Supreme Court. It states who you are, the details of the deceased, and the relief you're seeking (the Grant of Probate). File the original only — do not file copies.

The Summons also names all persons with an interest in the estate, so any caveats already lodged against the estate will be noted here. If there's a caveat, the matter becomes contested and leaves the standard uncontested pathway.

Form 112 — Draft Grant of Probate

This is the template of the Grant that the Registrar will check, complete, and return as the sealed official Grant. The court requires two complete physical sets of this document — both sets must have the Will and the Form 117 Inventory stapled to them.

Getting the assembly wrong is one of the most common reasons for a requisition. Two sets. Will attached. Inventory attached. Both stapled. Not loose.

Form 117 — Inventory of Property

The Inventory lists every NSW asset and every liability of the estate at the date of death. This includes real estate (with current market valuation), bank accounts, share portfolios, superannuation (if payable to the estate), vehicles, and personal property of significant value.

The gross value of the estate calculated from Form 117 is what determines your court filing fee — ranging from nil for estates under $100,000 to $7,099 for estates above $5,000,000. Accuracy matters both for fee calculation and because errors here frequently generate requisitions.

Form 117 is annexed to the Affidavit of Executor (Form 118) when filing.

Form 118 — Affidavit of Executor

This is the most important and most scrutinized document in a probate application. The executor swears this affidavit — before a Justice of the Peace or an Australian Legal Practitioner — confirming their identity, their right to apply, the circumstances of the death, the validity of the Will, and their belief that the Will is the last and final Will of the deceased.

Several critical requirements apply:

Signing the Will margins. Before filing, the executor and their authorized witness must both sign in the left-hand margin of the first page of the original Will and every codicil. This "identifies" the Will as the document referred to in the affidavit.

Do not remove staples from the Will. If the original staples are removed or disturbed at any point, the court automatically suspects document tampering. A supplementary explanatory affidavit must be filed describing exactly when, how, and why the staple was removed. This adds weeks to the process.

AI prohibition (Practice Note SC Gen 23). The content of the Affidavit of Executor must not be drafted by generative AI tools. The affidavit is a sworn personal statement — it must reflect your own knowledge, written in your own words or closely guided by you. If any AI tool was used in preparing the documents, a disclosure statement is required.

File the original only.

Forms for Intestate Estates (No Valid Will)

If the deceased died without a Will, the applicant seeks Letters of Administration rather than Probate. Different forms apply:

Form 119 — Affidavit of Applicant for Administration

Used when there is no valid Will. Similar in structure to Form 118 but requires the applicant to prove their entitlement to administer the estate by working through the intestacy hierarchy under the Succession Act 2006. The applicant must "clear off" superior classes of beneficiaries — typically proving no surviving spouse or demonstrating priority among competing relatives.

Form 126 — Affidavit Negativing De Facto

Required in intestacy cases to formally prove that the deceased did not have a de facto partner who might have a superior claim to administer the estate. If you cannot confirm there was no de facto partner, legal advice is essential before proceeding.

Form 130 and Form 131 — Administration Bond and Surety

In certain intestacy or incapacity situations, the court requires the applicant to provide an Administration Bond — a financial guarantee that they will properly administer the estate. The bond is supported by one or two sureties (Form 131) who pledge their own assets as security. Obtaining sureties is notoriously difficult; the more practical route in many cases is to obtain written consent from all adult beneficiaries, which allows the court to waive the bond requirement.

Additional Forms You May Need

Form 114 — Notice of Intended Distribution

Not a filing form for the Grant application itself, but a form published on the NSW Online Registry after the Grant is received. Publishing this notice and waiting at least 30 days (and at least 6 months post-death) provides the executor with statutory protection against personal liability for late claims under the Succession Act 2006.

Form 120 — Affidavit of Applicant (Will Annexed)

Used when there is a valid Will, but the named executor is unable or unwilling to act — because they are deceased, incapacitated, or renouncing the role. The person applying to administer under a Will Annexed uses this form instead of Form 118.

Form 123 — Renunciation of Executor

Filed when the named executor voluntarily gives up the role. Must be filed before the executor has taken any steps to "intermingle with the estate" (i.e., before acting in the executor capacity in any way). File the original only.

Assembling the Application: What Goes Where

For a standard probate application, the physical package mailed to the Supreme Court Registry should contain:

1. Original Will (with executor and witness signatures in the left-hand margin of the first page)
2. Original Death Certificate
3. Court-generated cover sheet from the NSW Online Registry
4. Two complete sets of Form 112 (each with the Will and Inventory stapled to it)

The remaining documents — Form 111, Form 117, Form 118 — are uploaded digitally through the Online Registry and do not need to be physically mailed, though the court may request originals if they raise concerns.

If in doubt about assembly, contact the Supreme Court Probate Registry directly before mailing. A phone call is faster than a requisition.

Every one of these forms is covered in detail in the New South Wales Probate Process Guide — including what to write in each section of the Affidavit of Executor, how to calculate the inventory for Form 117, and which forms to use depending on whether a Will exists.

See more New South Wales guides →