The Ultimate Guide
It’s a stressful time dealing with the passing of a loved one, and the process of applying for Probate in New South Wales is often another time-consuming item on your to do list. During this busy time for you and your family, we have simplified how long Probate takes in NSW in the form of a straightforward guide in accordance with The Probate and Administration Act 1898 (NSW).
Firstly! 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. Contact us for a Free Probate Assessment to determine whether Probate is required.
Complete the below checklist:
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 by streamlining it into four easy steps:
- Speak with one of our dedicated consultants over the phone or via video call.
- Complete one, simple webform.
- Your expert Consultant completes the application.
- The Application is lodged with the Supreme Court of NSW.
Don’t take our word for it though. 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 preferred the choice for families in Australia who need to apply for Probate.
If you require a grant of Probate in NSW contact us for a Free Consultation.
How long do I have to apply for Probate in NSW?
In NSW, you must apply for a Grant of Probate within 6 months from the date of death of the deceased. If you apply after 6 months, you will need to provide a reason for the delay in your application.
Probate Applications are lodged with the Supreme Court of NSW and consist of the following documents:
- Summons for Probate
- Affidavit of Executor(s)
- Certified Copy of Death Certificate with Annexure Note
- Inventory of Assets
- Draft Grant x 2
- Original Will (marked)
Probate applications must adhere to the strict legal and procedural requirements of the Supreme Court of New South Wales. To avoid issues and unnecessary delays, let Probate Consultants take care of the tedious forms and legal paperwork. We will ensure that you obtain Probate in the fastest time possible without any stress or fuss.
Call us now on 1300 561 803 for a Free Consultation.
How quickly can I get Probate in NSW?
How long Probate takes in NSW all depends on who completes your application, their processes and how organized and efficient they are in preparing and lodging the paperwork in compliance with the strict procedural requirements of the Supreme Court.
With Probate Consultants you get Probate in NSW within 6 weeks, which the fastest time possible.
The first step is to publish an online notice with the Supreme Court of NSW that outlines the executor’s intention to apply for Probate. Once the notice has been filed, the executor must wait 14 days before they can lodge their application for Probate with the Court. Once the application has been lodged, it will be processed within 20 working days. This time frame is longer than usual due to the impact of COVID-19.
Probate applications are significantly delayed by requisitions (questions) raised by the Court. A requisition is issued if there is an issue with the Probate application that needs to be addressed. Requisitions must usually be answered on affidavit evidence and may often require legal advice to understand and adequately respond to.
Once the affidavit answering the requisition is filed with the Court, it takes up to 20 business days for it to be reviewed. If insufficient, the Court will raise further questions until it is satisfied with the response. Probate will not be granted until a requisition has been answered sufficiently. Failure to seek an extension of time to respond to a requisition may result in your application being dismissed.
With Probate Consultants you get Probate in NSW within 4- 6 weeks, which the fastest time possible.
Get in touch here or call on 1300 561 803 for a Free Consultation.
How can Probate Consultants assist me in NSW?
Wherever you are located in NSW, our online service makes it easy to apply for Probate. It begins with a Free Probate Assessment with a dedicated consultant. If you have all the necessary documents, you can start the application process straight away by completing our simple web form which takes a short 5-10 minutes. Once we have the information we need, your job is done, and we take care of the rest.
Here is what our clients say about how easy and convenient the application process is:
“Naomi did a great job for us. Pleasant, professional, prompt and accurate. Thank you for making a potentially very difficult process so easy.”
Jenny Wellings
December 2021
“I can highly recommend Probate Consultants. Thomas was extremely helpful and always responsive he made the process so easy for me. Totally happy with the great service and great price. Thanks so much.”
Kristine Coralluzzo
December 2021
How long will it take to receive the grant of Probate in NSW once the application is granted By the Supreme Court?
Once the application has been approved by the Supreme Court of NSW, the Grant of Probate will be sent to you by post the next day and is normally received within 2-4 business days.
Probate Consultants guarantee the fastest possible turn-around times for your Probate application. This is currently 4- 6 weeks.
Application Timeline:
- Intention to apply for Grant advertised online.
- Application lodged on 15th day after the advertisement is published.
- Application reviewed and granted by Court within 20 business days.
- Grant of Probate received in the mail within 2 – 4 business days.
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 Probate is granted, many executors choose to publish a notice of intended distribution on the NSW Online Registry before distributing any assets. This allows creditors 30 days to make a claim on the estate if any debt is owed. Again, this is voluntary but does provide a degree of protection against any nasty surprises of claims made by creditors in the future.
Some executors do not distribute assets until 12 months after the deceased passed away. This is a precaution against any party that may make a claim and to ensure there are no challenges made to the Will within the 12-month challenge period. 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
- 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 30 days after publishing a notice of intended distribution as a form of protection against future claims by creditors. Executors are required to pay any debts of the deceased’s estate before the assets of estate are distributed to beneficiaries. 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.
