A reseal of probate is the Supreme Court of NSW formally recognising a grant of probate or letters of administration issued in another Australian state, the United Kingdom, or another recognised Commonwealth country. Section 107 of the Probate and Administration Act 1898 (NSW) is the operative provision.
A reseal saves the executor from applying for a fresh NSW grant when the deceased held NSW-located assets. Empower Probate Lawyers assists interstate and overseas executors with reseal applications across NSW. This guide covers when a reseal is needed, which jurisdictions qualify, the documents required, and the process.
Need Wills & Estate Help?
- No win no fee*
- Highly reviewed
- Will dispute experts
What “Resealing” a Grant of Probate Means
A grant of probate is issued by the court in the jurisdiction where the deceased was domiciled at death. That grant gives the executor authority to deal with assets located in that jurisdiction. It does not give the executor authority to deal with assets in NSW.
A reseal closes that gap. The Supreme Court of NSW affixes its seal to the original grant or to an exemplification of it, and from that point the grant carries the same force in NSW as if it had been made by the NSW court originally.
Section 107(2) of the Probate and Administration Act 1898 (NSW) is explicit: once sealed, the grant has the same effect and operation in NSW, and the executor is subject to the same duties and liabilities as if the grant had been made here.
When You Need to Reseal a Grant in NSW
You need a reseal when three conditions are met:
- A grant has already been issued in another recognised jurisdiction, typically because the deceased was domiciled there at death
- The deceased held assets in NSW that the executor needs to deal with, such as real estate, bank accounts above the institution’s threshold, shares, or superannuation
- The institution holding the asset requires a NSW-based grant before releasing funds or transferring title
Common triggers include: NSW Land Registry Services requiring a NSW grant to register a Transmission Application, a bank refusing to release funds without a NSW-based authority, or a share registry insisting on a resealed grant before transferring holdings.
A reseal is faster, cheaper, and procedurally lighter than a fresh NSW probate application, so it is the default option whenever it is available.
Which Jurisdictions Can Be Resealed in NSW
Section 107 of the Probate and Administration Act 1898 (NSW) limits resealing to grants from specific jurisdictions:
Other Australian States and Territories
Grants of probate or letters of administration issued by the Supreme Courts of Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory can all be resealed by the Supreme Court of NSW. This is the most common reseal scenario.
United Kingdom
Grants issued anywhere in the United Kingdom — including England and Wales, Scotland (where the equivalent grant is called a Confirmation), and Northern Ireland — can be resealed in NSW. The UK falls within the section 107 definition as part of “Her Majesty’s Dominions. UK grants remain a frequent reseal matter due to longstanding migration patterns.
Recognised Commonwealth Countries
The Court will reseal grants from a defined list of Commonwealth countries where the Crown is the Head of State, including New Zealand, Canada, South Africa, and certain Pacific and Caribbean nations. Grants from countries not on the recognised list, including the United States, France, Germany, and most of Asia, cannot be resealed and require a fresh NSW grant.
Documents Required for a Reseal Application
The documents needed to apply for a reseal in NSW are set out in Part 78 of the Supreme Court Rules 1970 (NSW), particularly Rule 78.11. The core documents are:
- The original grant or an exemplification of the grant issued by the foreign court. An exemplification is a court-authorised sealed copy. A photocopy or solicitor-certified copy alone is not sufficient
- A certified copy of the grant, certified by the court that issued it. This is the copy that will actually be resealed
- Affidavit of Applicant for Resealing, prepared in UCPR Form 121 (formerly SCR Form 106), setting out the executor’s identity, the deceased’s details, and confirmation that the grant has not been revoked
- Notice of Intended Application for Reseal, published on the NSW Online Registry website at least 14 days before filing, in UCPR Form 116
- Death certificate for the deceased
- Certified copy of power of attorney, if the application is being made by an attorney for the executor named in the foreign grant
The 14-day notice period under section 109 of the Probate and Administration Act 1898 (NSW) is strict. Filing earlier than 14 days after publication will result in rejection by the Registrar.
The Reseal Application Process Step by Step
- Confirm the jurisdiction is recognised under section 107. A reseal is not available for grants from non-Commonwealth countries
- Obtain the original grant or exemplification, plus a certified copy, from the issuing court. Allow time for international postage where the grant comes from overseas
- Publish the Notice of Intended Application for Reseal on the NSW Online Registry website in UCPR Form 116
- Wait 14 days after the notice is published before lodging the application
- Prepare the Affidavit of Applicant for Resealing in UCPR Form 121, attaching the foreign grant and supporting documents
- File the application through the NSW Online Registry Probate Service (for uncontested matters) and pay the filing fee, which is value-based on the gross NSW assets and adjusted on 1 July each year
- Receive the resealed grant from the Supreme Court Registrar, typically within four to eight weeks of filing if no requisition is issued
For complex or contested reseals, the application should be prepared by a solicitor rather than through the self-service Probate Service.
What Happens After the Reseal Is Granted
Once the Supreme Court of NSW seals the grant, the executor can deal with NSW assets as if they had been granted probate by the NSW court originally. This is the practical effect of section 107(2) of the Probate and Administration Act 1898 (NSW).
The resealed grant can be presented to NSW Land Registry Services to lodge a Transmission Application, to NSW banks to release funds above their internal thresholds, to NSW share registries to transfer shareholdings, and to NSW superannuation funds where the death benefit forms part of the estate.
From this point, the executor’s duties under NSW law are identical to those of an executor with a NSW-issued grant, including the obligation to publish a Notice of Intended Distribution and to administer the estate properly.
When a Fresh NSW Grant Is Needed Instead
A reseal is not always available, and a fresh NSW probate application is the alternative in three main situations:
- The grant comes from a non-recognised jurisdiction, such as the United States, most of Europe, or most of Asia. The executor must apply for a fresh NSW grant supported by an authenticated copy of the foreign will
- The applicant is the NSW Trustee or a public officer, which section 110 of the Probate and Administration Act 1898 (NSW) expressly excludes from the reseal procedure
- The foreign grant is incomplete or contested, which means the NSW court cannot rely on it as evidence of validity
In these cases, the procedure is the standard NSW probate or letters of administration application, with the foreign will or grant treated as evidence rather than as the operative grant.
How a Specialist NSW Probate Lawyer Helps With a Reseal
Reseal applications are technical. The forms must be in the prescribed UCPR format, the supporting documents must satisfy Rule 78.11, and any error attracts a requisition that delays the entire process by weeks.
Our team at Empower Probate Lawyers focuses exclusively on probate, estate administration, and will disputes. Our director, Oliver Morrisey, holds a Master of Laws in Wills and Estates (High Distinction) and acts regularly for interstate and overseas executors seeking to administer NSW-located assets. We help with:
- Confirming the jurisdiction qualifies under section 107 before any work begins
- Coordinating with the issuing court to obtain exemplifications and certified copies, including from overseas registries
- Drafting the reseal of probate application in proper UCPR form
- Advising on the alternative grant of probate or letters of administration procedure where a reseal is not available
- Acting through to administration once the reseal is granted, including dealings with NSW Land Registry Services, banks, and share registries
Speak With a NSW Probate Lawyer About a Reseal Application
If you hold a grant of probate or letters of administration from another state or country and need to deal with NSW assets, call Empower Probate Lawyers on 1300 481 161. Specialist advice. Free initial consultation. Deferred fee arrangements available in eligible cases.
Frequently Asked Questions
How long does a reseal of probate take in NSW?
Uncontested reseal applications are typically processed within four to eight weeks of filing, plus the 14-day notice period before filing. International document retrieval can add several weeks where the issuing court is overseas.
How much does it cost to reseal probate in NSW?
The Supreme Court filing fee is value-based on the gross value of NSW assets and is published on the Supreme Court of NSW fee schedule, updated on 1 July each year. Legal fees are separate and depend on complexity.
Can you reseal a US probate grant in NSW?
No. The United States is not a recognised jurisdiction under section 107 of the Probate and Administration Act 1898 (NSW). A US grant cannot be resealed in NSW. The executor must apply for a fresh NSW grant of probate or letters of administration with the foreign will as evidence.
What documents do I need to reseal a grant in NSW?
You need the original grant or an exemplification, a certified copy of the grant from the issuing court, the Affidavit of Applicant for Resealing in UCPR Form 121, the published Notice of Intended Application, and the death certificate. A power of attorney is also required if the applicant is acting for the named executor.
Do I need a lawyer to reseal probate in NSW?
For straightforward interstate reseals, the NSW Online Registry Probate Service allows self-service applications. For overseas reseals, complex estates, or contested matters, engaging a specialist NSW probate lawyer significantly reduces delay and avoids costly requisitions.
Can a reseal be contested in NSW?
Yes. Any person with a sufficient interest can lodge a caveat against a reseal application under Part 78 of the Supreme Court Rules 1970 (NSW). The caveat operates the same way as a caveat against a fresh probate application and pauses the reseal until the validity issue is resolved.
