Probate Timing & Costs in NSW

Probate in New South Wales is not an instant process. The time required depends on the estate, the documents available, whether the application is complete and whether any issues arise during the administration.

What Is Probate?

A Grant of Probate is issued by the Supreme Court of NSW and confirms the executor’s authority to administer an estate under a valid Will. Probate is commonly required where significant assets are held solely in the deceased person’s name or where a bank, share registry, land registry or other institution requires a grant before releasing or transferring an asset.

Not every estate requires Probate. The need for a grant depends on the nature, ownership and value of the assets and the requirements of the organisations holding them.

How Soon Can an Application Be Filed?

Before an application for Probate can be filed, a Notice of Intended Application must be published through the NSW Online Registry. Under the Probate and Administration Act 1898, at least 14 days must pass after publication of that notice before the application is filed.

The Supreme Court explains that the notice gives creditors, relatives and other interested persons an opportunity to become aware of the proposed application.

How Long Does Probate Take?

There is no single fixed timeframe that applies to every estate. A straightforward application with complete documents may progress more quickly than an estate involving missing documents, unusual assets, questions about the Will or other complications.

Timing can be affected by matters including:

• how quickly the executor can locate the original Will and obtain the death certificate;
• the time required to identify and value estate assets and liabilities;
• the mandatory notice period before filing;
• whether the application is complete when lodged;
• whether the Supreme Court issues a requisition seeking clarification or further material;
• whether a caveat or dispute affects the application;
• whether there are questions concerning the validity, interpretation or execution of the Will; and
• the nature and complexity of the estate.

The Supreme Court publishes current information about Probate applications and Registry procedures. Processing conditions can change, so current Court information should be checked when an application is being prepared.

What Is a Requisition?

If the Court requires further information or supporting material, it may issue a requisition. The executor or their solicitor must respond before the application can proceed.

Requisitions can arise for many reasons, including inconsistencies in the application, questions about the Will, execution issues, differences in names, delays in applying or other matters requiring explanation.

Preparing the application carefully can reduce the risk of avoidable delay, although some requisitions cannot be anticipated.

What Does Probate Cost in NSW?

Probate costs can include Court fees, notice fees and professional legal costs where a solicitor is engaged.

Supreme Court Filing Fees

The Supreme Court of NSW charges filing fees for Probate applications. The fee depends on the gross value of the estate, and the fee schedule is updated periodically.

Because Court fees can change, executors should refer to the current Supreme Court of NSW fee schedule when preparing an application.

Notice Fees

A fee is also payable when publishing the required online Probate notice. An additional fee can apply if a published notice needs to be amended and republished.

Legal Costs

Professional legal costs depend on the work required. A straightforward Probate application will generally involve different work from an estate requiring extensive asset enquiries, complex affidavits, responses to requisitions, property transactions or advice concerning a dispute.

Executors should obtain information about likely legal costs and disbursements before instructing a solicitor.

Can Probate Be Urgent?

The Supreme Court has procedures for requesting expedition in appropriate cases, but expedition is not automatic. The Court requires reasons and supporting information, and requests are considered according to the circumstances.

The Court also states that applications for expedition are not considered before the prescribed 14-day notice period has elapsed.

What Can an Executor Do to Avoid Delay?

Executors can help the process by gathering the key documents and information early. This may include:

• the original Will and any codicils;
• the death certificate;
• details of the deceased person’s assets and liabilities;
• bank, investment and property information;
• details of beneficiaries and other persons referred to in the Will; and
• information about any unusual circumstances affecting the Will or estate.

It is also important not to distribute estate assets prematurely. Executors should first establish the estate’s assets and liabilities, complete the required administration and consider any relevant claim or dispute risk.

Probate and Estate Administration Are Different

Obtaining the Grant of Probate is only one part of administering an estate. After the grant is issued, the executor may still need to collect assets, sell or transfer property, pay debts and tax liabilities, finalise accounts and distribute the estate to beneficiaries.

The overall estate administration can therefore take longer than the Probate application itself.

How Russell Kelly & Associates Can Assist

Russell Kelly & Associates can assist executors with Probate applications, Letters of Administration, estate administration and related estate matters.

Read more about our Probate and Deceased Estates services and our guide to Executor Duties and Probate in NSW.

For current Court information, see the Supreme Court of NSW Probate guidance.

This information is general in nature and does not constitute legal or taxation advice. Probate requirements, timing, fees and estate-administration steps depend on the circumstances of the particular estate and current Court requirements.