Probate in NSW: How Long It Takes & How to Speed It Up

When someone dies in New South Wales and leaves a Will, the executor often needs to apply for probate—a legal process that validates the Will and authorises the executor to manage the deceased’s estate. But how long does probate take in NSW?

If you’re currently dealing with probate, you’re likely feeling overwhelmed, confused, and eager to get through the process quickly. In this guide, we’ll walk you through:

• The timeline of probate in NSW (step-by-step)

• Factors that cause delays

• How to speed up the process

• When you might not need probate

• What happens after probate is granted

• How a probate lawyer can help

✅ Stuck in probate? Get a free case review from Lyon Legal’s estate team today.

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What Is Probate in NSW?

Probate is the legal recognition of a Will by the NSW Supreme Court. Once probate is granted, the executor named in the Will has the authority to:

• Collect and manage the deceased’s assets

• Pay outstanding debts or taxes

• Distribute the estate according to the Will

The executor must follow strict procedures, meet legal timeframes, and provide accurate information to the court. Failing to comply can result in delays, financial penalties, or even personal liability.

How Long Does Probate Take in NSW?

In a straightforward estate with no disputes, the typical timeframe for probate in NSW is:

⏳ Total Time Estimate: 2–6 months

In complex or contested estates, probate may take 9–12 months or longer.

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Timeline Flowchart: Probate in NSW

[Death of Person]
↓
[Gather Documents & Will]
↓
[Advertise Probate Notice (14 days)]
↓
[Prepare Application & Lodge with Court]
↓
[NSW Supreme Court Reviews Documents]
↓
[Probate Granted]
↓
[Executor Pays Debts & Distributes Estate]

Factors That Affect Probate Timelines

Several issues can delay or complicate the probate process:

1. Missing or Invalid Will

If the original Will is lost, unsigned, or improperly witnessed, the court may reject the probate application. This can result in:

• Delays due to additional affidavits

• Possible intestacy (if the Will is invalid)

• Legal disputes from potential beneficiaries

2. Executor Delays

An executor might delay the process by:

• Taking too long to gather documents

• Failing to seek legal help

• Avoiding difficult family conversations

Appointing a solicitor can streamline administration and prevent avoidable mistakes.

3. Errors in the Application

Common errors that delay probate include:

• Incomplete affidavits

• Incorrect asset values

• Misspelled names or wrong dates

• Filing before the 14-day notice expires

4. Contested Wills or Family Provision Claims

If someone challenges the Will under the Succession Act 2006 (NSW), probate may be paused until the dispute is resolved.

This is especially common if:

• A close family member was left out of the Will

• There are signs of undue influence or lack of capacity

• Multiple Wills exist

Legal challenges can extend probate by 12–24 months in some cases.

Tips to Speed Up Probate in NSW

Want to avoid dragging the process out for months (or even years)? Here are key ways to expedite your probate application in NSW:

✅ 1. Get the Death Certificate ASAP

You can’t apply for probate without it. In NSW, the death certificate is issued by the Registry of Births, Deaths and Marriages, typically within 7–10 business days after registration.

✅ 2. Seek Legal Help Early

Engaging a probate lawyer early means:

• You’ll file documents correctly the first time

• You avoid unnecessary back-and-forth with the court

• You can start preparing while the death certificate is being processed

✅ 3. Use a Probate Checklist

Having a clear list of required documents (like the Will, asset list, ID, and notices) avoids costly oversights.

✅ 4. Advertise the Probate Notice Promptly

You must wait at least 14 days after publishing a notice before you file the application. Start this as soon as you’re ready.

✅ 5. Avoid Family Conflict

Talk to beneficiaries upfront. Disputes cause long, expensive delays. If tensions are high, a neutral solicitor can act as a buffer.

When Is Probate NOT Required?

Probate isn’t always necessary in NSW. You may not need probate if:

• The estate is small (typically under $50,000 to $100,000)

• All assets are jointly owned (e.g. shared property or bank accounts)

• No land or real estate is in the deceased’s name

• Superannuation is paid directly to a nominated beneficiary

• The deceased held most assets in trusts or company structures

Tip: Even if probate isn’t strictly required, banks or institutions may ask for Letters of Administration or another court order to release funds.

What Happens After Probate Is Granted?

Once the Grant of Probate is issued, the executor can:

1. Collect Assets
   – Close bank accounts
   – Sell or transfer property
   – Access shares, insurance payouts, and investments

2. Pay Liabilities
   – Settle funeral costs, credit card debts, taxes

3. Distribute the Estate
   – According to the Will
   – Provide beneficiaries with a statement or report

4. Finalise the Estate
   – File estate tax returns if needed
   – Retain documents for 7+ years in case of audits

How a Probate Lawyer Can Help

Applying for probate involves legal documents, court rules, and strict deadlines. A lawyer can save time and stress by:

• Preparing and lodging all court forms

• Ensuring documents are complete and correct

• Managing communication with the Supreme Court

• Minimising delays from family disputes

• Advising on tax, trusts, and debts

• Acting as executor (if needed)

Whether you’re an overwhelmed executor or unsure if probate applies, professional guidance is often worth the investment.

Get In Touch Today!

Real Case Example: Delayed Probate Due to Error

Case Study: “Missing Asset Statement Delayed Grant by 3 Months”
Samantha was named executor in her father’s Will. She filed for probate herself, but forgot to include the deceased’s share portfolio and forgot to sign one affidavit.

Result?

• Her application was rejected

• She had to refile with new affidavits

• The delay cost the estate $4,200 in share value drop

✅ Avoid costly mistakes. Get a free case review from Lyon Legal today.

Frequently Asked Questions (FAQs)

Q1: Do I need probate if there’s a Will in NSW?

In most cases, yes—especially if the estate includes land, shares, or bank accounts over $50,000. However, some small estates may not need it.

Q2: How long after someone dies should probate be filed?

While there’s no legal deadline, probate is usually filed within 1–3 months after death to avoid delays with asset management.

Q3: Can I apply for probate myself in NSW?

Yes, but the paperwork is complex. Many people choose a lawyer to avoid delays or mistakes.

Q4: How much does probate cost in NSW?

Expect to pay:

• Filing fee: $0 to $1,200 (depending on estate size)

• Legal fees: $2,000 to $6,000 (fixed fee or hourly)
  Lyon Legal offers fixed-fee packages with no surprises.

Final Thoughts

Probate in NSW usually takes 2–6 months, but can take over a year if the Will is contested or paperwork is mishandled. The process is complex, emotional, and time-consuming—but it doesn’t have to be stressful.

At Lyon Legal, we guide you through each step with clarity, care, and legal precision.

✅ Stuck in Probate? Get a Free Case Review

Whether you’re just starting or facing delays, we can help. Our NSW probate lawyers offer:

• Free initial consultation

• Fixed fees for most estates

• Fast and accurate application support

• Guidance with Will disputes and complex estates

Request your free probate case review here