Navigating the Probate Process in NSW: Tips for Executors in 2026

Losing a loved one remains one of life's most difficult experiences, and the responsibilities of administering their estate can add significant burden. In New South Wales, securing a grant of probate continues to be an essential step for many executors to lawfully handle and distribute the deceased's assets. With the NSW Supreme Court's Online Registry now well-established as the primary platform for uncontested applications, the process is more digital and efficient than ever—yet ongoing high volumes can still lead to delays.

As dedicated wills and estates lawyers, the Kells team regularly guides executors through these matters, helping to ensure compliance while easing the emotional and administrative load.

What is Probate and When is it Required?

A grant of probate is a court order validating the will and empowering the executor to manage the estate's assets, including property, bank accounts, shares, and any superannuation directed to the estate.

Probate is generally required for substantial assets held solely in the deceased's name, such as:

• Real estate (not jointly owned)
• Bank or investment accounts exceeding institutional thresholds (typically $50,000–$100,000)
• Shares or securities

Jointly held assets pass directly to the surviving owner, and small estates may not need probate.

Without a will, the process involves applying for letters of administration.

The Probate Application Process in 2026

The mandatory use of the NSW Supreme Court's Online Registry for most uncontested applications, in place since 2023, remains the standard. Key steps include:

1. Publish a Notice of Intention: At least 14 days prior to filing, allowing time for potential claims.
2. Prepare and Lodge Documents: Upload the original will, death certificate, asset inventory, and affidavits via the online system.
3. Court Assessment: The registry reviews the application; requisitions for additional information are frequent if documents are incomplete.
4. Grant Issued: Approved grants are delivered digitally.

Processing times fluctuate with demand, but straightforward cases are typically resolved in 4–8 weeks. More complex matters or those requiring requisitions may extend beyond this.

Common Challenges and How to Avoid Delays

Executors often face hurdles that extend timelines:

• Errors in documentation (e.g., mismatched names, incomplete valuations)
• Disputes among beneficiaries or untraceable parties
• International assets needing extra verification
• Slow responses to court requisitions
  
  

Best practices to streamline the process:

• Collect documents and valuations promptly.
• Notify beneficiaries early.
• Use professional services for accurate online submissions.
• Respond swiftly to any court requests.
  
  

How Kells Can Assist

Our accredited wills and estates specialists across Wollongong, Sydney, and the Illawarra are experts in the Online Registry system. We can manage your entire application—from document preparation and lodgement to addressing requisitions—often on a fixed-fee basis where suitable.

We prioritise empathetic, clear guidance to help you fulfil your duties efficiently and honour your loved one's intentions.



If you're an executor seeking support with probate, letters of administration, or related estate issues, reach out for a confidential consultation. We're committed to making this process as smooth as possible for you.