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What is a probate or administration hearing

The court will schedule a date for your hearing after you file your application for a Grant of Probate or Letters of Administration.

You will need to attend the hearing if there are issues with your probate or letters of administration application. The court may clarify the issues or ask you to provide further information.

You can find the hearing details at the top left-hand corner of the front page of the sealed version of the Originating Summons issued by the court.

Attendance is compulsory

It is compulsory for you to attend the hearing unless the court has informed you that your application has been granted. If you do not attend the hearing, your application may be struck out.

You will be informed by the court through eLitigation or post if you do not need to attend the hearing.

If you wish to change the court date, you have to file a Request for Re-Fixing/Vacation of Hearing Dates via eLitigation at least 3 days before the scheduled hearing date.

If the court grants your request, a new date will be arranged. Otherwise, you are required to attend the court session as scheduled.

Hearing fees

Hearing fees are payable to the court when the case is set down for hearing (when the parties are ready for a hearing).

The fees are usually paid by the plaintiff (the party who filed the application) or the party who applies for the hearing date. The fees depend on which court hears the case.

Hearings in the Family Courts

  • There are no fees for the first day.
  • After the first day, the fee is $500 for the whole or part of each day of hearing.

Hearings in the Family Division of the High Court

Find out more about situations where you may get a refund of the hearing fees.

Arriving in court for your hearing

Note

Some court sessions may be conducted virtually. The court will inform you if you do not need to attend court in person. Find out more about virtual court sessions.

If you are asked to attend court physically, you should:

  • Arrive early and find your way to the venue.
  • Confirm your case is heard in the venue you are about to enter. Inform the court officer before entering, if applicable.
  • Dress neatly and decently when attending court.
  • Speak and conduct yourself in a courteous manner.
  • Bring the documents that you submitted to the court.

At your hearing

During the hearing, you will be able to present your case to a judge. The judge may ask you questions to sort out issues with your application.

Possible outcomes

The court will decide if your application is approved.

If your application is approved

The court will approve your application and issue a letter at a later date to inform you to extract the grant.

You will be appointed as the executor or administrator of the deceased's estate.

If your application is not approved

You will not be issued a grant and will not be able to manage the deceased's estate.

If you are not satisfied: appeal

If you are not satisfied with the court's decision, you may appeal by filing a Notice of Appeal. You need to file and serve the notice within 14 days after the date the order was made.

Find out more about appeals.

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 the Probate and Administration Toolkit (PDF, 1199 KB).


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