How to Reseal Interstate Letters of Administration in NSW

Introduction

When a person dies and letters of administration have been issued in another Australian state or territory, the administrator may need to have that grant resealed by the Supreme Court of NSW to manage assets located in New South Wales. This process is authorised under Section 107 of the Probate and Administration Act 1898 (NSW) (‘Probate and Administration Act‘).

This article explains the reseal process for interstate letters of administration, including the jurisdictions recognised, the documents required, and the steps for lodging an application with the Supreme Court of NSW.

The Need for a Reseal in NSW

Identification of Assets That Require a Reseal

A reseal is required when the deceased owned real estate in New South Wales and the executor or administrator holds a grant issued by an Australian court or an eligible overseas court. 

Under Section 107 of the Probate and Administration Act, a resealed grant has the same force and operation in New South Wales as the original grant.

Other NSW assets may not always require a reseal or fresh grant. Banks and other asset holders may release funds after receiving a declaration of entitlement or indemnity.

Life insurance proceeds and superannuation death benefits usually fall outside the estate, although the relevant trustee may require a grant or reseal before releasing the funds.

Differences Between Probate and Letters of Administration

Each form of grant gives the executor or administrator authority to deal with estate assets. The three main types are:

• Probate: granted where a valid will appoints an executor.
• Letters of administration: apply where the deceased died without a will.
• Letters of administration with the will annexed: apply where a will exists but probate is not granted to a named executor.

Where the original grant was probate or administration with the will annexed, the issuing court retains the original will. The NSW application must then rely on a copy of the will contained in the grant. 

A reseal of probate or reseal of another grant may allow the interstate executor or administrator to deal with NSW assets without applying for an entirely new grant.

Eligible Jurisdictions for a NSW Reseal

Recognised Australian States & Territories

Under Section 107 of the Probate and Administration Act, the Supreme Court of NSW may reseal a grant issued by an Australian state or territory court. The recognised Australian states and territories are:

• Victoria
• Queensland
• South Australia
• Western Australia
• Tasmania
• Northern Territory
• Australian Capital Territory

A grant of probate or letters of administration issued by a court in one of these jurisdictions may support an application for a reseal where the estate includes assets in NSW.

Commonwealth Realm Countries

The Supreme Court of NSW may also reseal grants from countries classified as Commonwealth Realm countries, where the Queen is, or was when the grant was made, the Head of State. The listed countries include:

• United Kingdom, including England, Scotland, Wales and Northern Ireland
• New Zealand
• Papua New Guinea
• Solomon Islands

A foreign grant from a country outside this recognised group cannot be resealed through this process. The executor or administrator may instead need to apply for a fresh grant in NSW, depending on the circumstances of the estate and the grant issued overseas.

Current Application Fees 

Supreme Court of NSW Application Fees

The current filing fee for an uncontested probate or reseal application depends on the sworn gross value of the estate. The Supreme Court of NSW filing fees applying from 1 July 2026 are:

• Under $100,000: no fee
• $100,000 to under $250,000: $960
• $250,000 to under $500,000: $1,303
• $500,000 to under $1,000,000: $1,999
• $1,000,000 to under $2,000,000: $2,663
• $2,000,000 to under $5,000,000: $4,439
• $5,000,000 or more: $7,399

The Step by Step Reseal Application Process

Publication of the Notice of Intended Application

Under Sections 42 and 109 of the Probate and Administration Act, at least 14 days’ notice must be published before a summons for a reseal is filed. The notice of intended application is published through the NSW Online Registry, as required by Part 78 of the Supreme Court Rules 1970 (NSW) (‘Supreme Court Rules‘).

The notice serves several purposes, including:

• giving creditors an opportunity to submit claims against the estate;
• alerting relatives who may seek a family provision order; and
• notifying anyone who may challenge the validity of the will or identify a later will.

Lodgement of the Application & Responses to Requisitions

An uncontested reseal application is made online through the Probate Service. After the documents have been signed, the applicant must upload the following and pay the applicable filing fee:

• the summons;
• the reseal form;
• the inventory of property;
• the affidavit;
• the original grant or exemplification; and
• a certified copy of the grant.

An incomplete or incorrect application may result in requisitions from the Court by email. The applicant must answer each requisition by re-filing a form or submitting a separate affidavit.

The Court will not issue the reseal until the requisition has been answered. The application may be dismissed if no response is filed or additional time is not requested.

Situations That Require a Fresh NSW Grant

Ineligible Overseas Grants

The Supreme Court of NSW cannot reseal every foreign grant. As discussed above, under Section 107 of the Probate and Administration Act, resealing is limited to grants from Australian courts and certain Commonwealth Realm countries.

Grants made in the following countries cannot be resealed in NSW:

• Malta
• South Africa
• Pakistan
• India
• Sri Lanka
• Fiji
• Hong Kong
• Republic of Ireland

Where an overseas grant is ineligible, the executor or administrator may need to apply for a fresh grant in NSW. The type of new grant depends on the original grant and the deceased’s circumstances:

• A foreign grant of probate may support an application for a fresh grant of probate based on a copy of the will.
• A foreign grant of administration with the will annexed may require probate, or administration with the will annexed, of a copy of the will.
• If the deceased died without a will, the applicant may need a fresh grant of administration.

Informal Administration as an Alternative

A reseal or fresh grant may not be required for every NSW asset. Depending on the asset, its value and the requirements of the asset holder, a bank or another institution may release funds after the executor or administrator signs a declaration of entitlement or an indemnity protecting the asset holder against a later claim.

Each asset holder sets its requirements. Real estate held solely by the deceased or as a tenant in common requires a grant, while a death certificate may be sufficient to transfer real estate held in joint tenancy to the surviving joint tenant.

Wills and estate planning lawyers can assist with assessing whether informal estate administration, a reseal or a fresh grant is appropriate.

Conclusion

An interstate grant may need a reseal before an executor or administrator can deal with real estate and other assets in NSW, while some asset holders may accept a declaration, indemnity or death certificate instead. Under Section 107 of the Probate and Administration Act, the application depends on an eligible jurisdiction, the correct original grant or exemplification, certified documents, online notice and responses to any requisitions.

With the right documents prepared, LawBridge can assess whether a reseal, fresh grant or informal estate administration is appropriate. Contact our wills and estate planning lawyers at LawBridge for practical guidance on preparing the application and dealing with estate assets in New South Wales.

Frequently Asked Questions