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Probate

7. The Affidavit

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Aug 2015
    7. The Affidavit
  • The executors named in the will must provide an affidavit (a sworn statement).
  • The affidavit (UCPR Form 118 in NSW) requires you to fill in particular information identifying the deceased and establishing the validity of the deceased’s will.
  • The affidavit will need to annex (attach) a copy of:
    • the notice of application;
    • the inventory of assets (UCPR Form 117 in NSW);
    • the original death certificate;
    • the original will of the deceased person which will need to be signed in the margin by the executor and the authorised person witnessing their affidavit;
    • the details of the persons entitled under the will (the named beneficiaries);
    • any information pertaining to any codicils (attachments of the will); and
    • an estimation of the value of property which is usually obtained through a market appraisal for real estate and an estimation for any other property.

Depending on your state or territory of residence the court will require different forms to be completed and lodged with the court. You will need to check the Supreme Court website for your particular state or territory.

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