Publishing an Online Probate Notice

• An online Probate Notice of your intention to apply for a grant must be published for at least 14 days, before lodging a summons for a grant of probate with the Court. A fee will be charged to publish a Notice.
• You will need to register an account and have a username and password with NSW Courts Online Registry to publish a notice. Please contact the registry at sc.probate@justice.nsw.gov.au if you are having difficulty registering online.
  
• If you already have an account login here.
• If you are unable to register via the NSW Online Registry please download this application form and return by mail to the Supreme Court Registry.

Information on publishing a probate notice

• A court case record will be created and a case number will be issued when your Notice is published. The case number should be recorded on your summons for probate and any other document submitted with your application at the expiration of 14 days and referred to when contacting the Court Registry.
• As a Case record is created on publication of a notice it is very important that the information contained in the notice is correct. A lack of accuracy in your notice may lead to delays in your application being granted.

• You will need to have the following information available so that you can publish a Notice:

1. the deceased's date of death;
2. the deceased's will and any codicils (if applicable);
3. if you are applying for reseal, the jurisdiction in which the original grant was made, and the type of grant made by the original jurisdiction; and
4. the residential address of executor(s)

Amending a notice

• You will not be able to edit the Notice after you pay for, and publish, it.
  
• You must carefully check your notice before submitting the form for publication. A fee also applies for any amendment that is required to be made to a notice after publication. See Schedule of Court Fees for details.
  

The wording of the published Notice is prescribed by the court rules

• However you may make specific statements or qualifications about your intended application. All qualifications will appear at the end of the Notice.
• Some qualifications that should be included in your notice if applicable:

1. If the executor has changed their name after the will was executed (for example change of name by marriage), please include the following "Mary Citizen referred to in the Will as Mary Best" (proof of the change will need to be submitted with the application);
   
2. if the application is being made in relation to a copy of the will;
   
3. if any executor has renounced probate;
   
4. if any instituted executor has predeceased the testator;
   
5. if the substituted executors are applying for probate; and
   
6. if the application involves an informal will and noting that the application will also be seeking a declaration under section 8 of the Succession Act.
   

The purpose of publishing your notice of intended application

• The published notice allows the deceased's creditors an opportunity to make a claim on the estate by contacting the person who is intending to apply for the grant.
• Relatives of the deceased may also be able to make a family provision claim against the personal representative of the estate under Chapter 3 of the Succession Act 2006.
• A notice of intended application also gives notice to anybody that may intend to challenge the validity of the will or who may have knowledge of a later or alternate will.

Legislation and rules governing the notice

• Section 42 and section 109 of the Probate and Administration Act 1898 require that at least 14 days' notice must be given before a summons for probate, letters of administration or reseal is filed.
• Part 78 Rule 3 and Rule 4 of the Supreme Court Rules 1970 specify that the valid method of publication for this notice is via the NSW Online Registry website.
• The prescribed wording for the notice is set out in approved UCPR form 116.