Step by step guide - Applying for a Renunciation of Probate

You should check the wording of the will to see if another person has been named as a substitute (additional) executor. This means that if you are unable or unwilling, then the substitute executor may apply for a grant.   

If there are no substitute executors, then a beneficiary named in the will can apply for Letters of Administration with the will annexed. 
 
For more information, see Applying for Letters of Administration.

You can get a copy of the Renunciation of Probate (Form 123) from the:

• Approved civil forms page of the Uniform Civil Procedure Rules website, or 
• Supreme Court of NSW registry.

You should include:

• the case number (if you have one)
• the full name of the deceased
• the address of the deceased
• your name and the name of all other executors applying for renunciation
• the date the will was made and any codicils
• the date of death
• the suburb the deceased lived in. 

Instructions: Renunciation of Probate
Sample: Renunciation of Probate

If there is a substitute executor named in the will, you should give the completed and signed Renunciation of Probate form to them to file with their application for Probate.

If there are no other executors named in the will, you can give it to the person who is applying for Letters of Administration with the will annexed, or file it directly with Supreme Court of NSW yourself.

There is no filing fee for the Renunciation of Probate form.

The court will stamp the Renunciation of Probate form and return it back to you.