Neither the Supreme Court of NSW nor the NSW Government publishes a total time for probate.
The time depends on the estate, the documents and the Court's workload.
What is fixed are the waiting periods set by law and the steps that must be done in order.
The steps to a grant of probate
- Find the original will and any codicils.
- Confirm the executor is willing and able to act.
- Identify the assets and work out which need a grant.
- Publish a notice of intended application on the NSW Online Registry.
- Wait at least 14 days after the notice.
- File the probate application online with the Supreme Court.
- Answer any requisitions. A requisition is a request from the Court for more information or a corrected document.
- The Court issues the grant.
The fixed waiting periods
- At least 14 days must pass between the notice of intended application and filing the application. This comes from sections 42 and 109 of the Probate and Administration Act 1898.
- The application should be filed within six months of the death. A later application must explain the delay in an affidavit.
- A caveat, if one is filed, stops a grant being made and stays in force for six months.
- A family provision claim can generally be made within 12 months of the death.
These periods are minimums or limits. They are not a promise of when the grant will issue.
How the Court reports processing times
The Supreme Court publishes current processing times on its probate page.
The figures show which filing dates the registry is assessing in a given week.
They are reported separately for probate, letters of administration, answers to requisitions and complex applications.
The figures change each week. Check the Court's page for the current position.
The Court says delays come from the number of applications and the availability of registrars.
What slows a probate application
Where people get caught
Filing incomplete or unclear documents
The Court will raise requisitions, and answers are dealt with in order of receipt.
Not having the original will.
Where only a copy can be found, a different and more involved application is needed.
Filing more than six months after death.
An affidavit explaining the delay is needed.
A will that was not properly signed or witnessed.
The application may need a declaration under section 8 of the Succession Act, and people affected must consent or be served.
Disputes in the family.
A caveat or a contested case can stop the grant for months.
Selling property before the grant.
The Court will not hurry an application because an executor sold real estate before obtaining a grant.
The Court may consider a request for expedition in some cases
The request is not considered until the 14 day notice period has passed.
Examples the Court gives include a pending property settlement, litigation, a surviving spouse or young child facing financial hardship, and the estate of a sole business operator.
The grant does not end the work
The executor then collects the assets, pays debts and tax, and distributes the estate.
Legal Aid NSW suggests not distributing until at least six months after the death, to allow time for claims.
Distribution earlier carries risk if a family provision claim is made within the 12 month period.
Common questions
Is there a standard time for probate in NSW?
No total time is published. The Court publishes weekly processing figures, and the law sets fixed waiting periods.
Can I apply for probate straight after the death?
You must first publish a notice and wait at least 14 days before filing.
What happens if I apply more than six months after the death?
You can still apply. You must explain the delay to the Court in an affidavit.
Get the documents right the first time to avoid requisitions. Call (02) 8062 6300.
This article is general information only. It is not legal advice for your situation.