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If you are the Executor of an estate, you have a responsibility to cause a notice of your intention to apply for a grant of probate to be published.


This is to alert any creditors of the deceased to the deceased’s passing, and to inform them that they should bring any claim they may have on the estate to the attention of the Executor or the solicitors acting for the estate.

When Should A Notice Be Published?

A notice must be published when applying for the following:

Probate – where there is a valid will that nominates an Executor.

Administration with Will Annexed – where there is a valid will that nominates an Executor, but the Executor has passed away or is unwilling or unable to act.

Administration – where there is no will or an invalid will.

Resealing – where probate or administration has previously been granted in another state or country, but is also required for the deceased’s assets in NSW.

Where Should the Notice be Published?


Traditionally, the Probate and Administration Act 1898 and the Supreme Court Rules 1970 have required that the notice of intention to apply be published in a newspaper that circulates in the area in which the deceased lived, or spent most of his or her life.

However, from 21 January 2013, notices of intention to apply for probate, administration or reseal can no longer be published in a newspaper. Instead, a notice must be published on the Supreme Court of NSW Online Probate Registry.

The legislative changes do not apply to notices published after a grant of probate or administration. Therefore, notices under Section 92 of the Probate and Administration Act, which provide the Executor with personal protection in the event that a claim is made on the estate after distribution, must still be published in a newspaper.

Publishing a notice on the Online Probate Registry attracts a fee of $40.00, considerably cheaper than the charge associated with newspaper publication.

What To Do If You have a Claim on a Deceased estate?


If you believe you have a claim on a deceased estate, you can search for the notice of intention to apply for probate or administration at https://onlineregistryservices.lawlink.nsw.gov.au/probate/. You can search for the deceased’s name, suburb, date of death, or even an alias that the deceased used (if it has been entered by the Executor or Solicitor who published the notice).

For any questions in relation to this topic or any other Estate Planning matter, please call us on 1300 727 813 or email us.

Related articles:
- Probate Explained
- Is It Time To Update Your Will?
- Do I Have To Wait For My Inheritance?



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