Probate Courts are subsets of the Supreme Court
The Probate Courts in each state and territory are divisions of the Supreme Courts. Contact details for each Registry can be found by following links from the home page of the respective Supreme Court websites in each state or territory.
Probate Court web pages contain essential information including the required legal forms, facts and other helpful information about the process of obtaining a grant of probate or letters of administration.
How long does it take for the Court to process applications?
This varies according to each situation and the Court’s workload at the time. Note that in New South Wales a notice of distribution must be advertised for a minimum period, currently two weeks, before an application can be lodged in the Court.
Once an application is lodged, processing times can vary from a week or so to months in complex matters such as where a will is being contested or beneficiaries cannot be located for example. When an original will has been lost or is missing, or there is only a copy of a will, or an invalid or informal one, or no will and the intestacy rules apply, the process can take longer. Delays can arise for other reasons. The Registry can usually provide a guide at the time of application.
New South Wales
The Supreme Court of New South Wales – Probate
Court rules on probate and administration of deceased estates
The Supreme Court of New South Wales has made rules on probate and the administration of deceased estates, found under Part 78 of the NSW Supreme Court Rules 1970.
In New South Wales, the Court’s power to make a grant of representation, of probate and letters of administration in non-contentious form (“common form”) is given by Part 78 of the Supreme Court Rules, the Succession Act and the Probate and Administration Act. More information can be found at http://www.supremecourt.justice.nsw.gov.au/.
The Supreme Court of Queensland, Wills and estates (probate)
The Supreme Court of South Australia
Courts Administration Authority of South Australia, the Supreme Court of South Australia, Probate Registry:
The Supreme Court of Northern Territory, Wills & Probate,
The A.C.T. Supreme Court, under the Services tab, find Probate, Administration and Foreign Grants: click this link:
The Supreme Court of Victoria
The Supreme Court of Victoria is at http://www.supremecourt.vic.gov.au. Follow the links from “Probate” to find the Probate Registry services, information and forms.
The Supreme Court of Tasmania is at http://www.supremecourt.tas.gov.au/.
Find the Probate Registry under ‘Probate & Administration’ via this link:
The Supreme Court of Western Australia is at http://www.supremecourt.wa.gov.au/.
Information on probate and administration of deceased estates may be found under the ‘Probate’ heading here: https://www.supremecourt.wa.gov.au/P/probate.
Applications for grants have to be in accordance with the respective Probate Courts’ rules and procedures. For advice and assistance with your personal circumstances consult a solicitor who offers services in this area who can help make the application on your behalf. Links to the Find a Lawyer referral services are available here.
Alternatively the Public Trustees in each State and Territory offer executor and estate administration services, find their websites here.
Updated October 2018
Header image: The Supreme Court of South Australia, B Stead 2013.