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Estates & InheritanceAustralia
Grant of Probate Application (Australia)
When someone dies leaving a valid will, the executor usually needs a grant of probate before a bank, share registry or land titles office will deal with the estate. Probate is granted by the Supreme Court of the State or Territory where the deceased lived — and the registry, the application forms and the advertising rule are different in every jurisdiction. New South Wales files through the Online Registry with a 14-day notice; Victoria uses RedCrest-Probate with a 14-clear-day advertisement; Queensland advertises in the Queensland Law Reporter; and several States require no advertisement at all. Our template builds the executor's submission with the correct Supreme Court, registry, forms and advertising step for your jurisdiction, plus the affidavit framework, inventory of property and creditor notice the registry expects.
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Application for a Grant of Probate
Executor's Submission To The Supreme Court Of New South Wales · 9 June 2026
Helen M. Castellan
9 Lindfield Avenue, Lindfield NSW 2070
0414 552 908
helen.castellan@email.com.au
9 June 2026
The Registrar in Probate
Supreme Court of New South Wales
the NSW Online Registry
the NSW Online Registry
APPLICATION FOR A GRANT OF PROBATE
Estate of Robert J. Castellan · New South Wales
To the Registrar in Probate,
I, Helen M. Castellan, being the sole executor named in the will of the late Robert J. Castellan, apply for a grant of probate of the deceased's will in the Supreme Court of New South Wales under the Probate and Administration Act 1898 (NSW). This submission sets out the matters the registry will check — the will, my appointment, the estate and the steps required before a grant issues. It supports, and does not replace, the official the NSW Online Registry application that must be lodged with the Court.
I, Helen M. Castellan, being the sole executor named in the will of the late Robert J. Castellan, apply for a grant of probate of the deceased's will in the Supreme Court of New South Wales under the Probate and Administration Act 1898 (NSW). This submission sets out the matters the registry will check — the will, my appointment, the estate and the steps required before a grant issues. It supports, and does not replace, the official the NSW Online Registry application that must be lodged with the Court.
1.
THE DECEASED AND THE WILL
Deceased: Robert J. Castellan
Date of death: 14 February 2026
Last address: 9 Lindfield Avenue, Lindfield NSW 2070
Will dated: 3 May 2021, together with a codicil (codicil dated 2 March 2023, appointing a substitute executor)
My standing: I am the sole executor named in the will.
Date of death: 14 February 2026
Last address: 9 Lindfield Avenue, Lindfield NSW 2070
Will dated: 3 May 2021, together with a codicil (codicil dated 2 March 2023, appointing a substitute executor)
My standing: I am the sole executor named in the will.
2.
THE COURT, THE REGISTRY AND THE APPLICATION
The application is made to the Supreme Court of New South Wales through the NSW Online Registry, under the Probate and Administration Act 1898 (NSW). The grant application comprises a Summons for Probate (UCPR Form 111), the deceased's will and any codicils, an Affidavit of Executor (UCPR Form 118) and an Inventory of Property (UCPR Form 117) listing the estate assets and liabilities.
Note for New South Wales: New South Wales probate is filed through the NSW Online Registry, and the Notice of Intended Application is published there rather than in a newspaper.
Note for New South Wales: New South Wales probate is filed through the NSW Online Registry, and the Notice of Intended Application is published there rather than in a newspaper.
3.
NOTICE OF INTENDED APPLICATION
A Notice of Intended Application must be published on the NSW Online Registry, and the application cannot be filed until at least 14 days after publication. I will not file the application until that notice period has run.
4.
THE ESTATE AND THE BENEFICIARIES
Estimated gross estate: approximately 1,850,000.00 AUD
Estimated liabilities: approximately 215,000.00 AUD
Estimated net estate: approximately 1,635,000.00 AUD
Beneficiaries under the will: The whole of the estate passes to the deceased's spouse, Helen M. Castellan, and on her death to the two children of the marriage in equal shares, in accordance with the will dated 3 May 2021.
Estimated liabilities: approximately 215,000.00 AUD
Estimated net estate: approximately 1,635,000.00 AUD
Beneficiaries under the will: The whole of the estate passes to the deceased's spouse, Helen M. Castellan, and on her death to the two children of the marriage in equal shares, in accordance with the will dated 3 May 2021.
5.
EXECUTOR'S AFFIDAVIT — MATTERS PROVED
The affidavit in support of the grant proves the following matters, on which the registry relies before a grant of probate issues:
Due execution of the will: The will was signed by the deceased on 3 May 2021 in the presence of two witnesses, Margaret Lowe and David Speirs, both present at the same time, who each signed in the deceased's presence. The original signed will is held in my solicitor's strongroom.
My appointment: Clause 2 of the will appoints me, Helen M. Castellan, as sole executor and trustee. I am over 18, the deceased's widow, and I am willing and able to act.
Death certificate: the death is proved by the death certificate NSW Registry of Births, Deaths and Marriages, registration no. 2026/004187
No later will: I have searched the deceased's papers and his solicitor's file, and confirmed with the NSW Trustee and Guardian Will Register that no later will or codicil exists. The will dated 3 May 2021, as varied by the codicil dated 2 March 2023, is the last will.
Due execution of the will: The will was signed by the deceased on 3 May 2021 in the presence of two witnesses, Margaret Lowe and David Speirs, both present at the same time, who each signed in the deceased's presence. The original signed will is held in my solicitor's strongroom.
My appointment: Clause 2 of the will appoints me, Helen M. Castellan, as sole executor and trustee. I am over 18, the deceased's widow, and I am willing and able to act.
Death certificate: the death is proved by the death certificate NSW Registry of Births, Deaths and Marriages, registration no. 2026/004187
No later will: I have searched the deceased's papers and his solicitor's file, and confirmed with the NSW Trustee and Guardian Will Register that no later will or codicil exists. The will dated 3 May 2021, as varied by the codicil dated 2 March 2023, is the last will.
6.
INVENTORY OF PROPERTY
The inventory of the estate's assets and liabilities accompanies the application as part of a Summons for Probate (UCPR Form 111), the deceased's will and any codicils, an Affidavit of Executor (UCPR Form 118) and an Inventory of Property (UCPR Form 117) listing the estate assets and liabilities.
Assets:
Real property — 9 Lindfield Avenue, Lindfield NSW 2070 — 1,620,000.00 AUD
Commonwealth Bank savings and term deposit — 148,000.00 AUD
Listed shares (CBA, BHP, Telstra) — 74,000.00 AUD
Motor vehicle and household contents — 8,000.00 AUD
Total assets: approximately 1,850,000.00 AUD
Liabilities:
Mortgage over 9 Lindfield Avenue — 198,000.00 AUD
Funeral account and final utilities — 17,000.00 AUD
Total liabilities: approximately 215,000.00 AUD
Estimated net estate: approximately 1,635,000.00 AUD
Assets passing outside the estate: The deceased's superannuation death benefit of approximately $310,000 was paid by the fund trustee to me as the nominated beneficiary and does not form part of the estate. The Lindfield property was held by the deceased as sole proprietor and is included above.
Assets:
Real property — 9 Lindfield Avenue, Lindfield NSW 2070 — 1,620,000.00 AUD
Commonwealth Bank savings and term deposit — 148,000.00 AUD
Listed shares (CBA, BHP, Telstra) — 74,000.00 AUD
Motor vehicle and household contents — 8,000.00 AUD
Total assets: approximately 1,850,000.00 AUD
Liabilities:
Mortgage over 9 Lindfield Avenue — 198,000.00 AUD
Funeral account and final utilities — 17,000.00 AUD
Total liabilities: approximately 215,000.00 AUD
Estimated net estate: approximately 1,635,000.00 AUD
Assets passing outside the estate: The deceased's superannuation death benefit of approximately $310,000 was paid by the fund trustee to me as the nominated beneficiary and does not form part of the estate. The Lindfield property was held by the deceased as sole proprietor and is included above.
7.
ADVERTISING AND PROTECTION FROM CREDITORS
Beyond the notice of intended application described above, the notice of intended application was (or will be) published on 26 May 2026. I intend to publish a notice to creditors calling on anyone with a claim against the estate to come forward within 30 days. Distributing the estate after that notice period, and not earlier than the statutory waiting period after the grant, protects me as executor from personal liability to a creditor of whom I had no notice.
8.
SPECIAL CIRCUMSTANCES AFFECTING THE GRANT
This application is not a standard grant because one or more of the other named executors is not applying.
Details: The will named my late husband's brother as co-executor, but he predeceased the testator. I apply alone as the surviving executor, and the codicil dated 2 March 2023 confirms my appointment.
I will provide the further affidavit evidence the registry requires to deal with this circumstance.
Details: The will named my late husband's brother as co-executor, but he predeceased the testator. I apply alone as the surviving executor, and the codicil dated 2 March 2023 confirms my appointment.
I will provide the further affidavit evidence the registry requires to deal with this circumstance.
9.
UNDERTAKING
I will administer the estate according to law — getting in the assets, paying the debts, funeral and testamentary expenses, and distributing the estate to those entitled under the will. I ask that a grant of probate issue to me from the Supreme Court of New South Wales, and I confirm that the statements in this submission and in the affidavit lodged with the application are true to the best of my knowledge and belief.
YOURS FAITHFULLY,
Helen M. Castellan
Executor
Date: ____________________
EXECUTOR
Helen M. Castellan
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Grant of Probate?
A <strong>grant of probate</strong> is an order of the Supreme Court of an Australian State or Territory confirming that a deceased person's will is valid and that the executor named in it has authority to administer the estate. Asset-holders — banks, superannuation funds, share registries and the land titles office — generally require a sealed grant before they will release or transfer a deceased estate of any size. This template produces the executor's structured submission in support of the application: it identifies the deceased and the will, states the executor's standing, sets out the estate, and applies the correct jurisdiction's court, registry, forms and advertising rule.
Probate is <strong>State and Territory business, not federal</strong>, and the procedure differs sharply across Australia. In New South Wales the application is filed through the NSW Online Registry and a Notice of Intended Application is published online for at least 14 days; the documents are the Summons for Probate (UCPR Form 111), the Affidavit of Executor (UCPR Form 118) and the Inventory of Property (UCPR Form 117). In Victoria the application is lodged through RedCrest-Probate after a 14-clear-day online advertisement under the Supreme Court (Administration and Probate) Rules 2023. In Queensland a Notice of Intention to Apply is published in the Queensland Law Reporter and served on the Public Trustee before filing. The template applies the framework for whichever jurisdiction you select.
This document <strong>supports, and does not replace</strong>, the official Supreme Court or online-registry forms — those must still be completed and lodged with the registry, and a grant only issues from the Court. What the template does is make sure the executor's case is put on the right footing: the four matters the affidavit must prove, a correct inventory that separates estate assets from assets passing outside the will, and the advertising and creditor steps that protect the executor from personal liability.
What's Covered in This Template
The submission assembles what an Australian probate registry checks first — the will, the executor's standing, the estate and the advertising — and applies the right State framework automatically.
All 8 Jurisdictions, Correctly
Select the State or Territory and the submission names the right Supreme Court, registry and governing Act — the Probate and Administration Act 1898 (NSW), the Administration and Probate Act 1958 (Vic), the Succession Act 1981 (Qld), and the equivalents in WA, SA, TAS, ACT and NT.
The Right Forms for Your State
New South Wales applications name the Summons for Probate (UCPR Form 111), Affidavit of Executor (Form 118) and Inventory of Property (Form 117); other States describe their own application, affidavit and inventory.
The Advertising Rule, State by State
A 14-day Notice of Intended Application on the NSW Online Registry, a 14-clear-day advertisement in Victoria, the Queensland Law Reporter notice in Queensland, the ACT website window, or no advertisement at all in SA and Tasmania.
The Executor's Affidavit Framework
The four matters the registry must be satisfied of — due execution of the will, the executor's appointment, proof of death, and that the will is the last will after a proper search.
Inventory of Property
A built inventory of assets and liabilities with totals, separating estate property from assets that pass outside the will — superannuation, joint-tenancy property and life insurance.
Notice to Creditors
A creditor notice and waiting period that protects the executor from personal liability to a creditor who appears after the estate is distributed.
Complications Handled
A lost original will, an informal will, foreign or interstate assets, or a co-executor who is not applying — each flagged with the extra affidavit evidence the registry will require.
Word and PDF Output
Download the submission free as a PDF, or unlock Expert for the editable Microsoft Word (.docx) version and the full affidavit, inventory, creditor and complications sections.
How to Apply for a Grant of Probate
Five steps from the will in your hand to a submission the registry can act on.
- 1
Select the State or Territory
Pick where the deceased lived and the estate is administered. The Supreme Court, the registry, the forms and the advertising rule all follow from this choice.
- 2
Identify the Deceased and the Will
The deceased, the date of death, the last address, the date of the will and any codicils, and your position as sole, joint or substitute executor.
- 3
Set Out the Estate
A reasonable estimate of the gross estate and liabilities, and a short summary of who benefits under the will.
- 4
Build the Expert Case
The affidavit framework, a full inventory separating estate assets from survivorship assets, the advertising and creditor notice, and any complication such as a lost will or interstate assets.
- 5
Lodge with the Registry
Complete the official Supreme Court or online-registry forms, advertise where required, and file the application — the template's submission supports it. A grant then issues from the Court.
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Legal Considerations
Eight jurisdictions, eight procedures — the State of the estate decides the court, the forms and whether you advertise at all.
This template provides general information for executors applying for a grant of probate in Australia and is not legal advice. Probate procedure, forms and fees differ by State and Territory and change from time to time, and a grant can only be made by the Supreme Court on the official forms. Estates with contested wills, missing or informal wills, interstate or overseas assets, or insolvency should be handled with an Australian succession lawyer. Always confirm the current forms and advertising requirements with the relevant Supreme Court registry before filing.
Reviewed for Australian probate practice (8 jurisdictions)
The Court and the Registry — State by State
Probate is granted by the <strong>Supreme Court</strong> of the State or Territory where the deceased lived. New South Wales files through the <strong>NSW Online Registry</strong> under the Probate and Administration Act 1898 (NSW); Victoria through <strong>RedCrest-Probate</strong> under the Administration and Probate Act 1958 (Vic); Queensland through the Supreme Court registry under the Succession Act 1981 (Qld); and Western Australia, South Australia, Tasmania, the ACT and the Northern Territory each through their own Supreme Court and Act. South Australian succession law was consolidated by the Succession Act 2023 (SA) from 1 January 2025.
Advertising and the Notice of Intended Application
Several jurisdictions require a <strong>notice before filing</strong>. In New South Wales a Notice of Intended Application is published on the Online Registry at least 14 days before the application; in Victoria the advertisement runs at least 14 clear days before filing; in Queensland the Notice of Intention to Apply is published in the Queensland Law Reporter and served on the Public Trustee; in the ACT a notice is published on the Court's website between 14 days and 3 months before filing. South Australia and Tasmania require no advertisement. The template applies your jurisdiction's rule and prompts the creditor notice that protects the executor.
What the Executor's Affidavit Must Prove
Before any Australian Supreme Court issues a grant, the executor's affidavit must prove that the will was <strong>duly executed</strong> (signed by the deceased and witnessed by two witnesses present together), that the executor is <strong>validly appointed</strong> and willing to act, that the <strong>death is proved</strong>, and that the will is the <strong>last will</strong> after a proper search. Most delays are registry requisitions on exactly these points. Getting the inventory right — separating estate assets from superannuation, joint-tenancy property and insurance that pass outside the will — matters for both the filing fee and the distribution.
Related Australian Templates
Where the deceased died <strong>without a will</strong>, use our letters of administration application instead. An executor who does not wish to act can use our executor renunciation. Our last will and testament and testamentary trust will help testators structure estates, our binding death benefit nomination directs superannuation, and where an eligible person was left out, our family provision claim notice and deed of family arrangement deal with the claim or its settlement.
Frequently Asked Questions
The Right Court, the Right Forms, the Right Notice
Create your grant of probate application in minutes — the correct Supreme Court, registry, forms and advertising rule for any Australian State or Territory, with the affidavit framework, inventory and creditor notice built in. Download the PDF free, or unlock Expert for the editable Word version and the full affidavit, inventory, advertising and complications sections.
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