Probate packets & wills guide

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In the catalogue search box, enter the deceased's name followed by the word 'death', eg Helen Porter death

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Pre-ordering gives us time to process your requests and have the records ready before you arrive to the Reading Room.

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• on the search result, click on the small black clipboard icon to the right of the item title;
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More about preordering records

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• from the search result, click on the small black shopping cart icon to the right of the item title
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A note about fragile records

The condition of records in our collection are checked on a case-by-case basis as they are requested for viewing or copying. If a record is found to be fragile we may withhold access until conservation treatment can be carried out - you will be notified if there is going to be a delay.

Conservation treatments can take up to six months to be completed.

Court of Civil Jurisdiction 1787-1814

The Court of Civil Jurisdiction was empowered to grant probate on wills and issue letters of administration for the personal estates of intestates dying within the NSW settlement. The Court of Civil Jurisdiction was dissolved in 1814.

Supreme Court of Civil Judicature, 1814-23

After the Court of Civil Jurisdiction was dissolved three new courts were established; the Governor's Court, the Lieutenant Governor's Court and the Supreme Court of Civil Judicature. The Supreme Court of Civil Judicature had responsibility for probate.

More about the Supreme Court of Civil Judicature 1814-23

Ecclesiastical Jurisdiction of the Supreme Court, 1823-90

The Supreme Court of Civil Jurisdicture was abolished in 1823 and the Supreme Court of NSW was established in its place. Probate was placed within the Ecclesiastical Jurisdiction of the Court.

More about the Ecclesiastical Jurisdiction of the Supreme Court 1823-90

Probate Jurisdiction of the Supreme Court 1890-1970

The Probate Act of 1890 established the Probate Jurisdiction of the Supreme Court to deal with probate.

More about the Probate Jurisdiction of the Supreme Court 1890-1970

Probate Jurisdiction of the Supreme Court 1970 to date

The Supreme Court Act of 1970 altered the name of the Probate Jurisdiction to the Probate Division. The business of the Probate Division is divided into contentious and non-contentious proceedings. Contentious proceedings are conducted by the Probate Judge, other Judges of the Equity Division, Masters and the Registrar. Non-contentious proceedings are conducted by the Registrar and four Deputy Registrars.

Executor(s)

Executor(s) are the people named in a will to administer the estate of the deceased. Administering the estate generally involves:

• determining the assets belonging to the estate;
• paying any debts (including income tax); and
• distributing the estate to those entitled to it.

Estate

The estate is the real estate property and/or personal property of the deceased.

Probate

A grant of probate is the authority given by the Supreme Court NSW to the executor(s) to deal with a deceased person's estate. Probate documents certify that a will is valid.

Letters of administration

If there is no valid will or the executor(s) are unable to carry out their function, the Supreme Court NSW issues letters of administration authorising a person(s) to act as executor.

Testate

A person who dies leaving a valid will has died testate. They are often referred to as the testator.

Intestate

A person who dies without leaving a valid will dies intestate. Without a valid will there is no named executor and the Supreme Court NSW issues a letter of administration.