How Long Does Probate Take?

It takes time to process a probate application in Australia, and it can vary from state to state. Several factors, including the size of the deceased person’s estate, can influence the timing. Find out more about Probate in Australia, factors that can delay the process, the documentation required and the processing time frames. Let’s take a closer look.

What Is Probate?

Probate is the order granted by the Supreme Court that gives authority to an executor to administer the estate of a deceased person. A Grant of Probate is the legal process that validates the will and the appointed executor. The executor must abide by the wishes of the deceased person, distribute the assets to the nominated beneficiaries and manage the legal and financial affairs. Financial institutions and agencies may require proof, and request a Grant of Probate before they release assets to an executor.

What Documents Are Required?

Applications for a Grant of Probate can be submitted online and several legal documents are required.

• Original will
• Death certificate
• Inventory of assets and liabilities
• Affidavit of executor

Applying For A Grant Of Probate

When an executor has obtained all of the required legal documentation, they can start the application process. The first step is to lodge an intention to apply for probate. This stage allows creditors to make their claims on the estate and advise the executor of the debts. The applicant must wait 14 days before lodging documentation. The executor can identify the assets and liabilities of the estate and create an inventory. The filing fee is paid, and the application is lodged with the Supreme Court. If the application is approved, the grant will be sent to the executor.

How Long Does Probate Take?

Several crucial steps and timeframes must be taken into account to obtain probate. Predicting how long probate takes in Australia can be unreliable, as each state and territory has a specific process, and obtaining documentation and assistance from different organisations can be time consuming. In New South Wales, new innovative digital processes have reduced delays considerably, and a probate application in this state is estimated to take approximately 6-8 weeks.

What Can Delay Obtaining Probate?

Probate processing times can vary, and depending on the individual circumstances, certain factors can cause delays. Before commencing an application, the executor must locate the required documentation, which can be time consuming, particularly, if the deceased’s estate is large.

Obtaining The Death Certificate

A funeral director must register the death of the deceased person, and it can take a few weeks before they receive the death certificate. The registration process can vary, which impacts the time it takes to receive the official document.

Locating The Will

Finding the last final will of the deceased person is not always straightforward, particularly if the person died unexpectedly and the executor was not aware of the location of the will. In some circumstances, it may be challenging to determine if the document is the last will unless it clearly states that it revokes any previous wills, or contains a date.

Issues With The Deceased Person’s Will

Once the will is located, it must be verified and meet the requirements to be considered a valid will. There are several factors which may deem the will invalid, such as:

• Capacity – the will-maker must have the mental capacity to understand the contents of the will, and was not pressured by a third party
• Forgery – the will was fraudulent
• Witness – the will was incorrectly witnessed, or not signed
• Damage – the will was damaged, destroyed or stolen

Determining The Assets And Liabilities

Managing a deceased estate can be reasonably straightforward, or particularly complex, depending on the size of the estate and the beneficiaries. When there are a lot of assets to assess, it can take time to gather all of the necessary data and compile an inventory, particularly for a person who has never managed a deceased estate before. In some cases, waiting for multiple financial reports from third parties, and ensuring that all of the assets and liabilities have been documented, can cause delays.

The Application Process

The application process has several steps, and each one must be taken at the right time. Missing a step, omitting a document or incorrectly submitting information can severely delay the process. The required wait times must be factored into the time frame, such as, waiting 14 days after publishing a probate notice. Additionally, there can be processing delays within the Supreme Court, due to caseloads or requisitions. Several factors are outside the control of an executor, and they must allow time and flexibility during the application process.

How Long Does It Take For An Executor To Administer An Estate After Probate?

Once probate has been granted, an executor can begin to distribute the assets of a deceased estate. The first step is to publish a notice of intended distribution and wait at least 30 days for any potential claims against the estate. Most executors will wait at least six months from the date of death before commencing distribution, and they have 12 months, which is known as, “an executor’s year”, to finalise the estate administration.

Summary

A Grant of Probate is the legal process that validates the will and the appointed executor. It takes time to process a probate application in Australia, and it can vary from state to state. Several factors, including the size of the deceased person’s estate, can influence the timing. When an executor has obtained all of the required legal documentation, they can start the application process. Several steps and timeframes must be considered, when applying for a Grant of Probate. Probate processing times can vary, and depending on the individual circumstances, certain factors can cause delays such as, obtaining the death certificate, locating the will, determining the asset pool and the application process. Many factors that influence probate timing are outside the control of an executor, and they must allow sufficient time and flexibility during the application process.

FAQs

How Long Does Probate Take In Australia?

Several steps and timeframes must be considered when applying for a Grant of Probate. Predicting how long probate takes in Australia can be unreliable, as each state and territory has a specific process, and obtaining documentation and assistance from different organisations can be time consuming. In New South Wales, new innovative digital processes have reduced delays considerably, and probate applications in this state are estimated to take approximately 6-8 weeks.

What Is The Probate Process In Australia?

When an executor has obtained all of the required legal documentation, they can start the application process. The first step is to lodge an intention to apply for probate, this stage allows creditors to make their claims on the estate to ensure the executor is aware of the debts. The applicant must wait 14 days before lodging documentation. The executor can identify the assets and liabilities of the estate and create an inventory. The filing fee is paid and the application is lodged with the Supreme Court. If the application is approved, the Grant of Probate will be sent to the executor.

How Long After Probate Is Granted Does It Take To Receive Inheritance In Australia?

Once probate has been granted, an executor can begin distributing the assets of a deceased estate. The first step is to publish a notice of intended distribution and wait at least 30 days for any potential claims against the estate. Most executors will wait at least six months from the date of death before commencing distribution, and they have 12 months, which is known as “an executor’s year”, to finalise the distribution of the assets.