Summons for probate, administration, administration with the will annexed or reseal (Form 111)

Form 111 is the originating process for an application to the Supreme Court of NSW for a grant of representation. Its heading cites Supreme Court Rules 1970 Part 78 r 8, which requires non-contentious probate proceedings to be started by summons. The same form covers probate (an executor named in the will), administration with the will annexed (a beneficiary or other person where no executor can act), letters of administration (no valid will) and resealing a grant made in another jurisdiction. Applications for a grant or reseal must be made through the NSW Online Registry unless the registrar approves otherwise (r 9A), and non-contentious proceedings may be dealt with by a registrar without anyone attending (r 9). The summons is supported by the applicant's affidavit, the death certificate, the original will and other documents set out in the court's probate checklist.

When you need it

• You are the executor and want probate of the will.
• There is a will but no executor able or willing to act, and you are a beneficiary seeking administration with the will annexed.
• The deceased left no valid will and you are entitled to apply for letters of administration, or you want a grant from another state or certain other countries resealed in NSW.

1. 1

   Court details and title

   The form is set for the Supreme Court, Equity Division, Probate List. Name the plaintiffs, the deceased, their last address and occupation, date of death, and the gross and net value of the estate.

2. 2

   Type of grant

   Under Relief claimed, select probate, administration with the will annexed, administration, or reseal of a grant (stating its type and the jurisdiction that made it). Give the date of the will and any codicils.

3. 3

   Capacity of applicants

   State the capacity in which each plaintiff applies, such as executor named in the will, beneficiary, or relationship to the deceased for administration. Note any executors who predeceased, renounced or cannot apply.

4. 4

   Qualifications and bond

   Add any limitation on the grant, for example a grant on a copy will limited until the original is found and proved. Seek dispensation of the administration bond where appropriate. Add any extra relief, such as a declaration under s 8 of the Succession Act 2006 for an informal will.

5. 5

   Signature and plaintiff details

   Sign with capacity and date, and give each plaintiff's address and address for service, plus solicitor details if represented.

• Publish a notice of intended application (Form 116) on the NSW Online Registry at least 14 days before applying (Probate and Administration Act 1898 s 42(2); SCR Part 78 r 3). The notice generates the case number.
• The Supreme Court says most applications for an uncontested grant must be applied for and filed online, and its quick reference guides explain how the online system generates the summons and affidavit. The original will and codicils must be filed and are kept by the court.
• The probate checklist says the filing fee is calculated on the gross value of the estate, excluding jointly held property and property outside NSW. Check the current fee schedule.
• If this is the first application for a grant and it is filed more than 6 months after the death, the affidavit in support must explain the delay (SCR Part 78 r 16).

• Account for every executor named in the will: applying, deceased (with death certificate), renounced (Form 123) or reserving leave.
• Make sure the summons, the online notice, the affidavit and the draft grant (Form 112) describe the grant and any qualifications the same way.
• A caveat filed by someone else stops a grant being made; a caveat takes effect when filed and lapses after 6 months unless the court orders otherwise or extends it (SCR Part 78 r 69).