Publication of Notices 

As executor you will be responsible for putting the whole world on notice that you intend to obtain a grant of probate of what you understand to be the deceased's last will. This will be done for you by your solicitor who will arrange to publish a legal notice on the Supreme Court Probate Registry website.

  • These notices used to appear in the Sydney Morning Herald.

  • The effect of the notice is to fix the whole world with “constructive notice” that you are about to obtain a grant of probate of the deceased's will with a specified date and so if anyone has a more recent will, they must make it known within 14 days of publication of the notice. This is the way that you as executor will get protection in a situation where a more recent will turns up.

  • The Court will not accept your application for probate unless you provide evidence that you published the notice.

  • After you obtain the grant of probate you will need to publish a second notice informing the whole world that you are preparing to distribute the assets of the estate to beneficiaries. Therefore, if there are any unpaid creditors who haven’t made their presence known then they will lose their right to payment if they haven’t given notice of their debt within the times specified in the published notice.

  • This notice to creditors also gives you, the executor, protection from personal liability.