Grant of probate, letters of administration or letters of administration with the will annexed (Form 112)

An applicant for a grant prepares the proposed form of the grant for the Court to seal (Supreme Court Rules 1970 Part 78 r 10(1)(a)(i)). Form 112 (version 2) is the approved form for all three kinds of grant: probate (an executor proving a will), letters of administration (no will) and letters of administration with the will annexed. Once sealed and signed by the Court it is the grant itself. The form records the deceased's details, the will and codicils, who the grant is made to and the basis of the grant. It also states that the attached inventory lists the property disclosed to the Court under Probate and Administration Act 1898 s 81A and is issued under s 91(2), which limits the protection given to people who pay or transfer estate property on the grant to the property listed.

When you need it

• You are applying for probate of a will and need the draft grant.
• You are applying for letters of administration, with or without the will annexed.
• You are correcting or re-preparing a draft grant after a registrar's requisition.

1. 1

   Grant type

   In the heading choose probate, letters of administration or letters of administration with will annexed, and repeat the choice in the grant details heading. Court details are pre-set (Supreme Court, Equity, Probate, Sydney).

2. 2

   Deceased's details

   Give the deceased's full name, last address, occupation and date of death. For a will, add its date and the number and dates of any codicils. Check spelling and dates against the will and death certificate.

3. 3

   Granted to

   Give the name and address of each person the grant is to be made to (the executors or administrators).

4. 4

   Basis of grant

   State the basis on which the grant is made. The form refers to the Supreme Court website for the wording, and the Court's fact sheets give examples, including the limitation for a grant on a copy will ("Until the original will is found and proved").

5. 5

   Seal and signature

   Leave blank. The Court seals, signs and dates the grant. Attach the inventory of property (and, where there is one, a copy of the will).

• Lodge the draft grant as part of the application for probate or administration, which must be made through the NSW Online Registry unless the registrar approves another method (SCR Pt 78 r 9A). Follow the Online Registry prompts for the documents to upload.
• For a paper application made with the registrar's approval, r 10(1) requires 2 separate sets, each stapled on the left, of the proposed grant, a copy of any will and codicils and an inventory of assets, plus a certified death certificate and a stamped self-addressed A4 envelope.
• Archival paper may be used for the proposed grant of probate (r 10(2)). A filing fee applies to the application; check the Supreme Court's fee schedule.

• The Supreme Court probate checklist lists the common errors: misspelt names, missing executor addresses, wrong dates of death or will, and a wrongly stated basis of grant.
• List every known asset in the inventory: people paying out on the grant are protected only for listed property (s 91(2)). Assets found later are disclosed by an affidavit of additional assets (SCR Pt 78 r 91).
• Executors and administrators cannot complete a disposition of property that has not been disclosed to the Court (Probate and Administration Act 1898 s 81B).