Obtaining a grant of probate

In most cases there is no dispute as to whether a document is the last will of the deceased and probate is granted in common form without a court case. Obtaining the grant involves the preparation and lodging of several documents at the Probate Registry of the Court. The documents to be lodged are:

  • an executor's oath (in effect, the application for probate)
  • the original will of the testator
  • a draft grant of probate
  • an affidavit of assets and liabilities which must have a schedule of assets and liabilities annexed.

The filing fee varies from $780 to $3118, depending on the gross value of the deceased estate (as of 1 July 2017).

Where there is a dispute (see contesting a will) which has been decided by the Supreme Court, the Probate Registry gives a grant of probate in solemn form.

Obtaining a grant of probate  :  Last Revised: Thu Jul 6th 2017
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