The Ultimate Guide
Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
With Probate Consultants you get Probate in NSW within 10-12 weeks as a Self-Represented Applicant (SRA). This time frame has reduced slightly since the Supreme Court launched its Online Probate Process on 1 August 2023.
It’s a stressful time dealing with the passing of a loved one, and the process of applying for Probate can be daunting. To help, we have simplified how long Probate takes in NSW with this simple guide.
Probate Consultants is Australia’s Premium Probate Solution for SRAs delivering fast approval times for affordable fixed fees.
What is Probate?
Probate is a legal process where the Supreme Court of NSW certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
Probate is not always necessary to administer a deceased estate. Get in touch for a Free Probate Assessment if you would like assistance in determining whether Probate is required. There are no timers and never any obligations.
Complete the checklist below:
What do I need for Probate?
You require the following documents to apply for Probate:
- Original Will
- Death Certificate
- Current documents relating to the deceased person’s estate
- Property and Assets
- Debts & Liabilities
Deciding how to apply for Probate in NSW is an important decision for executors. There are a variety of options, and making the right choice is crucial.
Probate Consultants have simplified the process of applying for Probate as an SRA by streamlining it into four easy steps:
- Speak with one of our Consultants over the phone or via video call
- Complete one, simple webform
- The Probate application is completed and witnessed
- The application is lodged with the Supreme Court of NSW
Read what our clients say about their experience with Probate Consultants here. With premium 1-to-1 customer service and a 5-Star Google rating, it’s easy to see why we are the preferred choice for SRAs applying for Probate in Australia.
How long do I have to apply for Probate in NSW?
In NSW, you must apply for a Grant of Probate within 6 months of the deceased’s death. If you apply after 6 months, you will need to provide a reason for the delay in your application.
Probate Applications NSW?
Probate Applications are lodged online via the Supreme Court’s new Probate Platform. You need an NSW Online Registry Account to access the platform and complete the application.
Probate Applications in NSW consist of the following documents:
- Summons for Probate
- Affidavit of Executor
- Annexures to the Affidavit of Executor
- Inventory of Property
- Certified Copy of Death Certificate
- Other documents (if any)
- Supplementary Affidavits (if any)
Once these documents have been signed with a qualified witness, they are lodged electronically on the Probate Platform and the Probate Notice is automatically published. The Court will not review an application until the Probate Notice has been published for at least 14 days. This is the mandatory advertisement period.
The final step in the lodgement process is for the original Will to be posted or hand-delivered to the Court. Once the Court has filed the original Will and the 14-day advertisement period has expired, the Probate application will be reviewed. If the application is successful, the Grant of Probate will be issued. If there are any issues or further information is required, the Court will issue a requisition. Probate will not be granted until the requisition has been answered.
If you would like assistance with an SRA Probate application, call us on
1300 561 803 for a Free Consultation.
How quickly can I get Probate in NSW?
How long Probate takes in NSW will depend upon how executors choose to apply for the Grant. If you require professional assistance, approval times will depend on the service provider’s processes, workflows and Probate experience.
Applying as an SRA with the support of Probate Consultants, you get Probate in NSW within 10-12 weeks. Our fast approval times are facilitated by innovative processes, a streamlined client experience and the extensive expertise that comes from a singular focus on SRA Probate applications. All of our client testimonials speak to this, and we invite you to read them here.
Please Note: Probate applications are significantly delayed by requisitions. Requisitions are usually answered with an affidavit and the Court will take 8-10 weeks to review. If the answer is insufficient, the Court will raise further requisitions until it is satisfied with the response. Probate will not be granted until a requisition has been answered sufficiently.
How can Probate Consultants assist me in NSW?
Probate Consultants empower SRAs to apply for Grants of Probate by providing specialist guidance and support. We have made the application process in NSW fast, affordable and easy.
The process starts with a Free Probate Assessment which takes 10 minutes and can be done via telephone or video call. You then complete one, simple webform and follow the step-by-step guidance provided by your dedicated consultant. As Australia’s highest-rated Probate Solution for SRAs, we are renowned for efficiency and ease – something we believe every executor should experience when applying for Probate.
Wherever you are in the world, our innovative online service makes obtaining a Grant of Probate in NSW streamlined and seamless.
Here is what our clients say about how easy and convenient the application process is:
“Probate Consultants are nothing short of fantastic. They have my highest recommendation. Etienne and Thomas were both wonderful to deal. I admire the clear communications, follow up processes, their keen eye for the necessary detail in the Probate application, and just how simple they made it for us, with a step-by-step approach so nothing became overwhelming. This is a very impressive service. They really deserve more than 5 stars.”
Dr. B Steele
August 2023
How long will it take to receive the Grant of Probate in NSW once the application is granted by the Supreme Court?
Once the Probate application has been approved, the Grant of Probate is issued immediately and is accessible online via the Court’s Probate Platform.
Since the introduction of the online Probate Platform, Grants of Probate are electronic PDF documents rather than physical paper documents. The Grant of Probate PDF is provided to asset holders and other institutions as proof of your authority to administer the estate.
Application Timeline:
- Application completed and witnessed
- Application lodged online via the Probate Platform
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- Probate Notice (Advertisement) automatically published after lodgement
- Original Will posted to Court or delivered in person
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- Grant of Probate received within 10-12 weeks
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- The Court will only review a Probate application once the Probate Notice has been published for 14 days and it has received the original Will
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Note: The original Will is kept on file at the Supreme Court of NSW and is not released after Probate is granted. Whilst the Grant of Probate includes a digitally sealed copy of the Will, many executors get certified copies of the original Will made before filing it with the Court.
What happens after Probate is granted in NSW?
After the executors receive the Grant of Probate, they are able to administer and finalise the deceased person’s estate. This includes distributing funds to the beneficiaries named in the Will once all assets have been collected and any outstanding debt has been cleared.
Administering the estate includes:
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the Will
While you can administer the deceased estate as soon as Probate is granted, many executors choose to publish a Notice of Intended Distribution on the NSW Online Registry before distributing any assets. This provides notification that the executors intend to distribute the estate once:
- Six months have passed since the death of the deceased; and
- The Notice has been published for 30 days
Persons who wish to claim against the estate generally have to do so within the above time frames. Once the Notice has been published for 30 days and after 6 months from the date of death, executors can distribute the property in the estate having regard only to the claims of which they are aware at that time.
Where there is any concern about the Will being challenged or the possibility of a claim, we recommend seeking legal advice prior to administering the estate.
Discover more about Probate in Australia with Probate Consultants.
How long does it usually take for the executor to administer the estate after Probate is granted?
Once the grant of Probate has been issued, executors of the estate are usually expected to distribute assets within 12 months; this is known as the ‘executor’s year’. In some circumstances, it may take over 12 months for the estate to be distributed due to various reasons such as:
- Assets may be held abroad
- Executor is unable to contact the beneficiaries in the Will
- There is property to be sold
- The Estate is bankrupt
- The Will has been challenged
- Important legal paperwork such as deeds have gone missing
Executors can begin to distribute assets once Probate is granted, but many wait 6 months from the date of death and 30 days after publishing a Notice of Intended Distribution to protect against future claims. Complex estates may delay the distribution process.
How can I find out if Probate has been granted?
To check if Probate has been granted, all you need to do is:
- Contact the Supreme Court of NSW Registry on 1300 679 272
- Speak to a staff member and advise them of your request
- Provide the Case Number for the application
The case number can be obtained by accessing the Notice of Intended Application for Probate online here.
You will need to input the details of the deceased and find the relevant Notice for the application.
