- Make sure a Grant of Probate is the grant you need
Check what are the conditions to apply for a Grant of Probate
- Complete the forms you need to start the application process
Learn which type of forms you need to fill
- Gather the documents you need
List of the documents you need in addition to the forms
- Prepare affidavits (if needed)
Check the requirements for affidavits
- Submit your application
Learn where to lodge your complete application
Make sure a Grant of Probate is the grant you need
You can only apply for a Grant of Probate if all of the following apply:
- There is a valid will.
- One or more executors are named in the will.
- At least one executor is willing and able to act.
If no executor can act, a different grant is required. You can use our Probate Checker to check which type of probate you need.
Complete the forms you need to start the application process
Notice of Application
This form sets out the fact that the solicitor or solicitor's firm is making the application on behalf of a client.
Oath of Executor
An oath is a sworn document confirming the applicant will faithfully administer and account for the estate. The original oath must be lodged (no photocopies). The title, jurat and details must match the Notice of Application.
Gather the documents you need
The original will
The original will (or a court-certified copy) must be signed by the applicant and commissioner. The same applies to any codicils (if they are present). Additional information may be required in some circumstances.
Other documents you need
- One engrossment of the will (a certified copy stamped by a solicitor).
- The original death certificate or interim coroner’s certificate.
- Notice of Acknowledgement (Probate) from Revenue (SA.2) for deaths on or after 5 December 2001 OR
- Inland Revenue Affidavit (CA24) for deaths before 5 December 2001.
Prepare affidavits (if needed)
Affidavit of testamentary capacity
Required when:
- The person died in a psychiatric hospital.
- The will was made within 10 years of death and cognitive impairment is noted.
- The will was made in a solicitor’s office within 5 years and impairment is noted.
Must be sworn by a doctor and explain their knowledge of the deceased.
Affidavit of attesting witness
- Sworn by someone present at execution of the will.
- Addresses issues raised by the Probate Office.
Affidavit of plight and condition
- Sworn by someone with knowledge of the circumstances.
- Explains damage, alterations, or concerns with the will.
Submit your application
Submit all of the above documents to your local Probate Office .
