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Note

You may be eligible to use the Probate eService to file for a Grant of Probate if you meet certain criteria. The Probate eService is an online service that a named sole executor can use to apply for a Grant of Probate. The eService will assist the sole executor in preparing and submitting the required probate documents to the court.

The information below applies if you do not meet the criteria to use the Probate eService. If you are representing yourself, you will need to visit the LawNet & CrimsonLogic Service Bureau to file all your documents.

When to file

Within 14 days after you file an application for a Grant of Probate or Grant of Letters of Administration, you will need to submit all of the following documents:

  • A Supporting Affidavit: You confirm on oath that the information and documents you have submitted to the court are accurate.
  • An Administration Oath: You confirm on oath that you will faithfully administer and account for the estate.

Note: If you require additional time to file, you need to file a Request for Extension of Time and Re-fixing through eLitigation. Explain your reasons and include supporting documents with your request, for the court's consideration.

What you will need

Follow these instructions to prepare the documents:

Supporting Affidavit

(Form 163, Family Justice Courts Practice Directions 2024 (DOCX, 20 KB))

If you have already filed your Schedule of Assets, the Supporting Affidavit shall include the averment as stated in Paragraph 212(5) of the Family Justice Courts Practice Directions 2024 (Sample of Supporting Affidavit (With Schedule of Assets) (PDF, 233 KB)).

If you have not filed your Schedule of Assets, do not include the averment referred to in Paragraph 212(5) of the Family Justice Courts Practice Directions 2024 (Sample of Supporting Affidavit (Without Schedule of Assets)) (PDF, 227 KB)).

Attach all of the following to the affidavit as exhibits:

If filing commenced before 15 October 2024, you must instead file the Supporting Affidavit (Form 255, Family Justice Courts Practice Directions 2015 (DOCX, 36 KB)) with the Statement bearing the court seal, the Schedule of Assets (if available) and other supporting documents referred to in Paragraphs 62(4) and (5) of the Family Justice Courts Practice Directions 2015.

Administration Oath

 

Note
If you have not filed your Schedule of Assets and you do not include it in the Supporting Affidavit, you will need to file a Supplementary Affidavit containing the averment referred to in Paragraph 212(5) of the Family Justice Courts Practice Directions 2024 when you file the Schedule.

File the Supporting Affidavit and Administration Oath

Estimated fees

If you are filing through the LawNet & CrimsonLogic Service Bureau, the estimated fees include:

Item or service

Fee

File the Supporting Affidavit

$15

File the Administration Oath

$20

Note: This table includes the fees listed in Part 4 of the Third Schedule of the Family Justice (Probate and Other Matters) Rules 2024.

How to file the Supporting Affidavit and Oath

If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file the Supporting Affidavit and Administration Oath. The Service Bureau will notify you via email or SMS of whether your documents are accepted by the court.

If you only file the Schedule of Assets after you have submitted your initial application and the Supporting Affidavit, you will need to file a Supplementary Affidavit to confirm that the Schedule of Assets is true and accurate.

Estimated fees

If you are filing through the LawNet & CrimsonLogic Service Bureau, the estimated fees include:

Item or service

Fee

File the Schedule of Assets

$15

File the Schedule of Assets – Supplementary Affidavit

$25

Note:

This table includes the fees listed in Part 4 of the Third Schedule of the Family Justice (Probate and Other Matters) Rules 2024.

How to prepare and file the Schedule of Assets Supplementary Affidavit

If you are not represented by a lawyer, follow these steps to prepare and file the documents:

  1. Visit the LawNet & CrimsonLogic Service Bureau to file the Schedule of Assets (Form 177, Family Justice Courts Practice Directions 2024 (DOCX, 19 KB)). You will need to fill in a form by the Service Bureau.
  2. The Service Bureau will notify you via email or SMS of whether your document is accepted by the court.
  3. Collect the Schedule of Assets with the court seal from the Service Bureau and prepare the Schedule of Assets – Supplementary Affidavit (Sample Schedule of Assets (PDF, 166 KB)).
  4. Swear or affirm the Supplementary Affidavit before a Commissioner for Oaths.
  5. Visit the LawNet & CrimsonLogic Service Bureau to file the Schedule of Assets – Supplementary Affidavit. The Service Bureau will notify you via email or SMS of whether your document is accepted by the court.

After you file

If all of your documents are accepted before the hearing date, the court may approve your application and inform you through a letter not to attend the scheduled hearing. After the court has also approved all relevant supporting documents including the Schedule of Assets, the court will issue the Grant of Probate or Letters of Administration. 

If you have not filed the supporting documents or if your documents were not accepted by the court before the hearing date, you will need to attend the scheduled hearing.

You may make the following requests:

  • (If you need more time to file) File a Request for Extension of Time and Re-fixing through eLitigation and request for more time to file the documents and for the hearing to be postponed. Explain your reasons and include supporting documents with your request, for the court's consideration.  
  • (If you need to change the court date) File a Request for Re-Fixing/Vacation of Hearing Dates through eLitigation at least 3 days before the scheduled hearing date.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to:

Legislation associated with this topic includes:


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