The Supreme Court of NSW moves online for Uncontested Probate Applications 

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The Supreme Court of NSW has launched a new online application service for uncontested Probate applications. 

The service can be used for uncontested applications for:-

  • A Grant of Probate – for circumstances where the deceased left behind a valid will;
  • Letters of Administration – for circumstances where the deceased did not leave behind a will; and
  • Letters of Administration with the Will Annexed  – for example, where the deceased left a will, however none of the appointed executors have survived. 

Notice

One big change is the initial Notice. In the days before the online registry started being utilised in Probate applications, this notice would be published in the local newspaper.

In recent years, a notice was published via the Court website, and an application for Probate could not be filed until a 14 day notice period had expired. 

The new changes, which will be enforced from 1 August 2023, the notice of intended application will automatically be generated at the time that the online application is commenced. 

Paper Documents

Many of the documents previously prepared in paper form and posted to the Court shall now be generated electronically by completing the application process. These documents are then downloaded, signed, and uploaded to the online Court registry. 

Original testamentary documents such as wills and codicils, which previously were simply posted to the Court, are now uploaded as part of the online application. The online service  requires these forms to be uploaded as part of the application. Despite the move toward the online system, the Court shall still require the original hard copies to be posted or delivered to the Court registry. 

One thing that has not changed is the benefit of legal advice and assistance, in obtaining and preparing the relevant information needed, navigating the Court application and in the proper administration of the estate. If you require guidance and assistance as the executor of the will of a person who has passed away, contact Baker Love Lawyers.

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