You cannot apply for a grant of Probate if there is no will, but you can and may need to apply for a grant of Letters of Administration instead.

This type of grant is appropriate when someone has passed away without leaving a valid will. It will mean that the individual has died intestate and their estate will be distributed according to a pre-determined formula among a limited number of beneficiaries. For NSW the interests of beneficiaries of intestate estates are set out in Chapter 4 of the Succession Act (NSW) 2006.

It is important to confirm whether or not a grant is required at all, as this will cause unnecessary expense. Whether a grant is required depends on the size of the estate and the nature of the deceased's. If the estate contains real property which the deceased owned either as tenants in common or absolutely, then a grant is required. If the asset holders require a grant, then one will be required. Financial institutions often require a grant as evidence of a persons authority to deal with the property. The appropriate State or Territory in which to apply for the grant is the jurisdiction where the deceased lived. If they also happened to open real property in another State or Territory to where they lived, then an application for a Reseal of the original grant must also be obtained from that jurisdiction to lawfully deal with that property.

Applications for grants of Letters of Administration are made by interested persons - typically a surviving spouse or child. For NSW applicants, the Supreme Court's website contains information on how to apply for this grant (here). The forms needed to apply for the grant are found by following this link. Applications must be made within six months of the date of death.

A lawyer is not needed to apply for a grant on your behalf, particularly if the estate assets are not complex. Engaging a lawyer to obtain a grant of representation cost several thousands of dollars and so I always encourage people to undertake this process themselves where possible. The cost of obtaining the grant is considered an 'estate expense' and applicants are entitled to be reimbursed from the estate once the assets have been collected.