Before you file, make sure you:
This website only covers the process for cases where the deceased left a valid will and you are the executor(s) named in it. For other types of probate cases, you may wish to seek legal advice.
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.
Refer to the following on how to apply for a Grant of Probate.
Who can file
When to file
Within 6 months from the deceased’s date of death.
Note: If you are filing after 6 months, you must include the reason for the delay in the application form.
How long it takes
Approximately 2 to 3 months, depending on case complexity.
Which court to file the application in
For estates worth up to $5 million: The Family Courts.
For estates worth above $5 million: The Family Division of the High Court.
|How and where to file||Through the eLitigation filing system or the Probate eService (if you qualify to use the eService). If you are not eligible to use the Probate eService and do not have a lawyer, visit the LawNet & CrimsonLogic Service Bureau. You need to book an appointment online before your visit.|
You may choose to file the application yourself or engage a lawyer. Find out where to get help.
You need to submit these initial documents to apply for a Grant of Probate:
Application fees vary depending on the case. If you are filing through the LawNet & CrimsonLogic Service Bureau, the estimated fees include:
Item or service
Optional search for probate cases and caveats when filing the Originating Summons
File the Originating Summons
$210 to $240 (depending on whether you require only an electronic Grant or a printed Grant with embossed court seal)
File the Statement
File the Schedule of Assets
File a certified true copy of a death certificate
File a certified true copy of the will
File for renunciation
File other supporting documents
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are representing yourself, follow these steps to file the application.
Where to go
|1. (Optional) Check the court’s record for related cases and caveats|
LawNet & CrimsonLogic Service Bureau.
|2. File the application|
LawNet & CrimsonLogic Service Bureau.
|3. Present the original will for verification|
The Family Justice Court's Probate Registry.
You may consider conducting a search of the court's record of probate cases and caveats filed in relation to the deceased's estate.
Refer to the following on how to conduct a search.
Where to go
|The LawNet & CrimsonLogic Service Bureau. |
How to do it
Provide the deceased's identification number.
When to do it
The search should be done on the day you file the probate application and for the present year.
If you conducted the search, you may attach all of the following to your Originating Summons:
Note: You may wish to seek legal advice if there are pending cases or caveats in force against the estate.
Submit the prepared documents at the LawNet & CrimsonLogic Service Bureau on the same day that you conduct the search on probate cases and caveats.
The Service Bureau will prepare the Originating Summons, Statement and Schedule of Assets using the information you provide, and will file the documents on your behalf.
Your application will be considered by the court after you file.
The LawNet & CrimsonLogic Service Bureau will notify you via email or SMS of whether your application documents have been accepted by the court. You will need to return to the Service Bureau to collect your documents after that.
If the application is in order, the court will accept the documents, assign a case number to your application and schedule a hearing date.
The court will issue sealed versions of the Originating Summons, Statement and Schedule of Assets. These will bear a court seal. You will need to visit the LawNet & CrimsonLogic Service Bureau to collect the documents.
You will need to prepare and file a Supporting Affidavit within 14 days after filing the Originating Summons.
If there are errors with the application, the court will reject the documents and indicate the reasons for rejection. You will need to visit the LawNet & CrimsonLogic Service Bureau to collect the rejected documents and reasons.
You will need to correct the errors and submit the documents again.
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
Refer to the Probate and Administration Toolkit (PDF, 1652 KB)
Legislation associated with this topic includes:
It is optional for you to search the court’s record for related cases and caveats before you file your application. However, you may consider making such a search for potentially contentious estates or to avoid having your application rejected in certain instances, for example where a grant had already been issued for the same estate.
Other cases or caveats in relation to the deceased's estate may prevent the court from issuing a grant of probate or letters of administration. Generally, there can only be one valid grant in relation to an estate at any time. If there are competing or contested applications for the same estate, the parties will have to decide how to proceed. You may wish to seek legal advice if there are competing or contested applications for a grant.
A caveat acts as a formal notice that there is an interest in the estate. The court is required by law to give the person who has filed the caveat the opportunity to contest or challenge any application for a grant.
The caveat search will show all of the following:
You may wish to seek legal advice if there are caveats in force against the estate.
You need to declare all the assets making up the deceased's estates through the Schedule of Assets (Form 226 of the FJC Practice Directions). The court will use the document to confirm the value of the estate and determine the value of the administration bond for letters of administration in certain circumstances. The Schedule of Assets may also be used by beneficiaries and creditors to ascertain the assets of the estate.
You must declare the assets accurately. To obtain the required information, you may contact the relevant institutions that deal with the assets. (Note: These institutions may impose fees or conditions for providing information.)