Losing someone close to you is a difficult experience, and serving as the executor can add an extra layer of difficulty, with heavy responsibilities while coping with grief. Many executors expect the process to be quick, but the truth is it often takes months, even when it’s straightforward. Longer, if there is a will dispute, whether someone is challenging a will or contesting a will.

In New South Wales, the estate administration process, from the application for Probate to the distribution of assets, takes several months in most cases and can take longer than a year in complex cases (will estate dispute, documentation problems, tax issues, etc). Understanding the legal requirements and typical timelines can help paint a clearer picture of duties and expectations, ensuring costly mistakes are avoided.

What is Probate and Why Is It Required?

The first step in the process is Probate, and no funds or properties can be moved or sold until the executor applies for a Grant of Probate. This key legal document is the formal authority an executor needs to confirm a valid will and manage the assets. 

Most financial institutions will not proceed with releasing assets until the executor has a Grant of Probate. It may not be necessary in the case of jointly held assets or small estates, but it is a mandatory first step in the majority of estates.

Typical Estate Administration Timeline in NSW

Every estate is unique, but we do have a standard timeline that most will and estate lawyers expect. 

Preparing the Probate Application 

Standard Timeline: 2-6 Weeks 

To complete the Grant of Probate application, you need to gather the paperwork, including locating the original will, securing the official death certificate, and gathering all of the paperwork and information about liabilities and assets. You are also required to publish a notice on the Supreme Court’s online registry to state your intention to apply for a Grant of Probate. Accuracy is key, as the process can be delayed if there are issues gathering the correct paperwork or minor mistakes in the application.

Probate Application Processing

Standard Timeline: 4-8 Weeks 

Once you have filed a Grant of Probate application, the Register will review and grant it if your documentation is complete. This process can be delayed if additional information or clarification is required. 

Collecting Assets 

Standard Timeline: 4-8 Weeks 

Once you have the Grant of Probate, you can contact financial institutions and banks to close accounts, transfer funds, and sell properties or other assets. You will also need to address insurance claims, financial investments, and secure the estate’s assets.

Paying Debts and Taxes

Standard Timeline: 6-12 Weeks 

Before you can distribute assets to the beneficiaries, you must pay debts and taxes. In addition to outstanding debts, tax obligations, and creditors’ claims, the state must also cover the cost of the funeral. This process can be complex in large estates.

Distribution to Beneficiaries

Standard Timeline: 2-6 Weeks 

Once the tax obligations and debts have been taken care of, you can distribute the remaining assets according to the will unless someone has enlisted estate litigation lawyers to launch a challenge. The estate is finalised once all of these steps have been completed and all beneficiaries have received their assigned inheritance.

The Complete Timeline

Standard Timeline in a Simple Estate: 6-9 Months 

Standard Timeline in a Complex Estate: 9-18+ Months 

Probate Delays: Common Causes

  • A missing original will or a lack of clarity around vague clauses 
  • Will challenges or disputes due to disagreements between beneficiaries 
  • Delays with property sales
  • Complications with taxation due to complex assets 
  • Tracking down beneficiaries who live overseas or with whom the deceased lost contact
  • Assets held overseas 
  • Errors in the Grant of Probate application

Executor Responsibilities

Executors are legally responsible for managing the estate’s assets, acting with the best interests of beneficiaries in mind, maintaining accurate records, meeting various legal deadlines with deceased estate lawyers’ oversight, and correctly distributing assets. Even an honest mistake can create liability issues if the estate experiences a loss as a result of the mistake. 

Practical Tips to Smooth the Process 

  • You should engage legal support at the earliest point possible to avoid expensive delays with the Court. Legal support is necessary for complex estates, where there are multiple beneficiaries, businesses, disputes, or you’re uncertain about your duties as an executor.
  • Keep the documents, paperwork, and records organised in one folder or file for ease. 
  • Always prepare the necessary documents in advance. 
  • Respond to requests promptly.
  • Ensure regular communication with beneficiaries so they understand where you are in the process. 

How AJB Stevens Can Help 

At AJB Stevens, we can help you contest or challenge a will. We can also assist in cases where there is no will, but you believe you have been unfairly treated. Our assistance can help reduce delays, ensure legal accuracy, reduce stress, and keep you on track to ensure you receive the inheritance you deserve. As a trusted team of estate law professionals, we handle every case sensitively, taking the lead on the legal front so you can focus on healing.

Do you need help challenging or contesting a will? Get in touch with AJB Stevens to schedule your free case consultation.