How long does Probate take in NSW?

The amount of time a Probate application takes will depend on whether the executor has taken appropriate steps to prepare for the application, whether the formal application has been prepared correctly and supported by the required evidence, and on the Court’s processing times.

The first step in a Probate application is notice of the intended application. This notice must be in the required form and must now be published via the Online Court. An application for Probate cannot be filed within 14 days of the notice of intended application being filed with the Online Court, so the notice should be made as soon as possible.

In the intervening period, or even prior to lodgement of the notice via the Online Court, the executor should take steps to ascertain the assets and liabilities of the estate along with the original Will and death certificate. Having this information at hand will enable the application to be completed quickly so that filing can take place shortly after the 14 day period.

The formal application must be in the required form and also supported by evidence which satisfies the requirements of the Probate and Administration Act 1989 and Supreme Court Rules. Failure to do so will not be fatal to the application but will result in a requisition being issued by the Supreme Court. The requisition must be answered, usually in the form of further evidence, before the application can be considered meaning that each requisition effectively restarts the waiting period before the Grant is issued.

Once the Probate Registrar is satisfied the Grant is in the correct form and satisfies both the requirements of the Act and Rules the Court will seal a copy of the Will, inventory and Probate cover which forms the Grant of Probate. While processing times will vary depending on the Court’s workload it is usual for Grants to be issued 4-6 weeks after lodgement, provided such application is not requisitioned.

Given that most delays are associated with initial preparation and incorrect lodgement the process of obtaining the Grant of Probate can be expedited greatly if instructing a firm experienced with the process and current requirements of Court.

Prime Lawyers operates one of the largest uncontested probate divisions in New South Wales. We receive instructions to act for executors every week because we process applications quickly and assist executors obtain the Grant with as little hassle as possible so that the estate can be administered.

If you have a question relating to Probate or are an executor of a will that needs to obtain Probate then get in touch with your nearest office to see how we can assist.

We have wills and probate lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.