National Crime The NSW probate timeline at a glance
Date of Death
The starting point for all time periods. The executor's duties commence. The will should be located and secured immediately. Funeral arrangements are made and the death is registered with Births, Deaths and Marriages.
First 2–4 Weeks
Locate the original will. Identify and secure assets (property, bank accounts, shares, personal effects). Notify banks and other institutions of the death. Obtain the death certificate. Begin gathering information about liabilities and beneficiaries.
Within 6 Months of Death
Probate should be applied for. This is the Supreme Court's expectation, not a statutory deadline. Prepare the probate application, including the executor's affidavit, inventory of assets and liabilities, and the original will. File with the Supreme Court Probate Registry. Delay beyond 6 months must be explained in the supporting affidavit.
Before Grant is Sealed
Caveat deadline: Any caveat opposing a grant of probate must be lodged before the grant is sealed. Once the grant is sealed, the opportunity to prevent the grant without notice is lost. Caveats should be lodged as soon as concerns arise — waiting until the last moment can be risky.
Within 12 Months of Death
Family provision deadline: Applications under Chapter 3 of the Succession Act 2006 must generally be made within 12 months of death. The Court has discretion to extend time, but this is not automatic and requires explanation for the delay. Early legal advice is critical — do not wait until the end of the 12-month period.
6–12 Months After Grant
Pay debts and tax liabilities. Advertise for claims under the Trustee Act 1925 (NSW) s 60 to protect against late claims (notice period typically 30 days). Prepare estate tax returns. Once the executor is satisfied all claims have been addressed, distribute the estate to beneficiaries in accordance with the will.
Understanding the 6-month probate expectation
The six-month probate expectation in NSW is not a statutory deadline — but it is the period within which the Supreme Court expects a probate application to be made. If you apply after six months, you must explain the delay in your affidavit. While the Court will generally accept reasonable explanations (such as difficulty locating the will, complex asset structures, or disputes among beneficiaries), unexplained or unreasonable delay can have consequences:
- The Court may require further evidence or explanation before granting probate
- Beneficiaries may apply for orders compelling the executor to proceed
- In extreme cases, the executor may be passed over or removed
- Delay may affect the availability of assets (e.g., property deteriorating, investments losing value)
- Evidence relevant to a potential challenge may degrade or be lost
What can delay probate in NSW?
While the Supreme Court expects probate applications within six months, many estates encounter delays. Understanding these common causes helps both executors and beneficiaries navigate the process realistically:
- Difficulty locating the original will. The original will is required for probate. If it cannot be found — because it was misplaced, destroyed, or held by an uncooperative third party — the Court may require evidence about the testator's testamentary intentions and the circumstances of the will's loss, which takes time to prepare.
- Disputes among beneficiaries or family members. When beneficiaries disagree about the validity of the will or the executor's conduct, the executor may need to resolve or litigate those disputes before probate can proceed. A caveat lodged against the grant will halt the process until it is resolved.
- Complex asset structures. Estates with trusts, companies, overseas property, business interests, or digital assets require detailed inventories and valuations that take time to compile. Foreign assets may require separate grants of probate (resealing) in other jurisdictions.
- The executor is uncontactable, unwilling, or has predeceased the testator. If the named executor cannot or will not act, an alternative executor must be identified or a grant of letters of administration with the will annexed must be sought — a process that itself takes time.
- A caveat has been lodged against the grant. A caveat prevents probate from being sealed until the caveat is resolved — by withdrawal, by the caveator failing to enter an appearance after a warning is issued, or by Court order.
- Tax and financial complexity. Where the deceased had significant tax liabilities, ongoing business operations, or superannuation with binding death benefit nominations requiring determination by the trustee, financial and tax advice must be obtained before the probate application can be finalised.
- The will is ambiguous or defective. If the will contains unclear provisions, or was not executed in strict compliance with the formal requirements of the Succession Act, the Court's interpretation or a rectification application may be required before probate can be granted.
Executors should document the reasons for any delay beyond the six-month expectation, as they will need to explain these in their supporting affidavit. Delays caused by the executor's own inaction — as opposed to external circumstances — are treated more seriously by the Court and may give rise to applications for removal.
Executor obligations during the interim period (before grant)
Between the date of death and the grant of probate, the executor has important obligations even though they cannot yet distribute the estate. The doctrine of relation back in probate law means that the executor's authority is deemed to commence at death once probate is granted — but in practice, protective steps must be taken immediately:
- Secure and protect estate assets. The executor must take reasonable steps to safeguard property — ensuring insurance is current, securing vacant premises, safeguarding valuables, and ensuring investments are not at risk of loss or deterioration.
- Notify relevant institutions. Banks, share registries, utilities, Centrelink, the ATO, and other government agencies should be notified of the death. While the executor cannot transact on estate accounts before probate, placing institutions on notice helps protect the estate from unauthorised dealings.
- Arrange the funeral. The executor has the right to arrange the funeral — even before probate — and may access the deceased's bank accounts for funeral and associated expenses. Most banks permit this on presentation of the death certificate and funeral invoice.
- Identify and notify beneficiaries. Beneficiaries named in the will should be identified and, where appropriate, notified of their interest. This manages expectations, reduces the likelihood of later disputes, and may reveal potential challenges early.
- Keep comprehensive records. The executor should maintain detailed records of all steps taken, communications made, and expenses incurred from the date of death. These will be required for the probate application and the final estate accounts.
- Do not distribute assets prematurely. The executor must not distribute estate assets before probate is granted. Premature distribution may expose the executor to personal liability — particularly if a family provision claim or will challenge is later brought and the assets are no longer available to satisfy it.
- Preserve evidence. Medical records, solicitor's files, correspondence, and other documents that may be relevant to a potential challenge should be preserved. These may become critical if the will is contested after grant.
The 12-month family provision deadline
Under s 58(2) of the Succession Act 2006 (NSW), a family provision application must be made not later than 12 months after the date of death. The Court has a discretion to extend time under s 58(3), but an extension is not automatic. The Court will consider:
- The reasons for the delay and whether they are sufficient
- Whether the applicant has a reasonably arguable case for provision
- The prejudice to other beneficiaries caused by the delay
- Whether the estate has been distributed and whether distributions would need to be disturbed
- The conduct of the applicant and any other relevant circumstances
The longer the delay, the harder it is to obtain an extension. If you think you may have a family provision claim, seek legal advice as early as possible — well before the 12-month deadline.
Notice of intended distribution
Once the executor is ready to distribute the estate after grant, it is prudent — though not always legally mandatory — to give beneficiaries formal notice of the intended distribution. This notice should set out:
- The proposed distribution of the estate in accordance with the will
- A summary of the executor's accounts showing all receipts and payments
- A reasonable period (typically 28 days) for beneficiaries to raise any objections or queries
Giving notice of intended distribution serves multiple purposes. It gives beneficiaries an opportunity to review the executor's administration before assets are irrevocably distributed. It may protect the executor from personal liability if the distribution is later challenged on the basis that the executor should have known of a claim. It provides a clear record of the proposed distribution and the basis for it. And it can bring latent disputes to the surface while estate assets are still available to address them.
Important warning for executors: Where a family provision application is on foot or reasonably anticipated, the executor should not distribute the estate without either the consent of the applicant or a Court order. Distributing the estate while a claim is pending can expose the executor to personal liability if the claim succeeds and the assets are no longer available to satisfy the Court's orders. If in doubt, seek legal advice before distributing.
Critical timing for caveats
A caveat against a grant of probate must be lodged before the grant is sealed. There is no fixed deadline — once the executor files the probate application, the grant could be made within weeks. If you suspect a will challenge may be warranted, lodge a caveat immediately to preserve your position. You can always withdraw it later if investigations reveal no grounds. But you cannot lodge it after probate is granted. Lodge a caveat now →
Trustee Act 1925 (NSW) s 60: advertising for creditor claims
Section 60 of the Trustee Act 1925 (NSW) provides an important protection for executors who may not be aware of all claims against the estate. If the executor publishes a notice calling for claims — typically in a newspaper circulating in the locality where the deceased lived, and in a state-wide publication — and waits the prescribed period (at least 30 days from publication), the executor is protected from personal liability to any creditor or claimant who did not come forward within that period.
The advertisement should specify:
- The full name of the deceased and their date of death
- The executor's name and contact details for the submission of claims
- The period within which claims must be made (at least 30 days from the date of publication)
- A statement that after the expiry of that period, the executor will distribute the estate having regard only to claims of which they have notice
This protection applies to creditors and to beneficiaries under earlier wills — it does not apply to family provision claimants under the Succession Act, who have a separate 12-month statutory limitation period. Advertising under s 60 is not mandatory, but it is strong practice for any estate where there is a risk of unknown creditors (such as business owners, professionals with potential liability, or estates where the deceased's financial affairs were not well documented). The modest cost of advertising is a worthwhile investment in the executor's protection from personal liability.
Worried about missing a deadline?
Whether you are an executor navigating the probate process or a beneficiary concerned about limitation periods, we can advise on your position and the steps you need to take within the applicable timeframes.
What beneficiaries can do if the executor delays
If the executor is not progressing the probate application or the administration of the estate within a reasonable time, beneficiaries are not without remedies. Delay in obtaining a grant or distributing the estate affects beneficiaries directly — assets may deteriorate, debts may accumulate, and beneficiaries' own financial positions may be prejudiced. The following steps are available:
- Request information and a timeline. The first step is usually to write to the executor (or their solicitor) requesting a clear timeline for the probate application and an explanation for any delay. This should be done in writing, and records should be kept. Many delays can be resolved through communication without the need for court intervention.
- Apply for a citation to take probate. A citation is a formal notice issued by the Supreme Court requiring the named executor to either apply for probate or renounce their executorship within a specified time. If the executor does neither, they may be passed over and another person may apply for a grant.
- Apply for the executor to be passed over. Under the Probate and Administration Act 1898 (NSW), an interested person may apply to the Court for an order that the named executor be passed over and a grant of letters of administration with the will annexed be made to another suitable person — such as a beneficiary or an independent administrator.
- Seek removal of the executor. Under s 66 of the Probate and Administration Act 1898 and the inherent jurisdiction of the Supreme Court, a beneficiary may apply for the removal of an executor who is delaying unreasonably, who is unfit to act, or whose continued involvement is prejudicing the proper administration of the estate.
- Seek costs from the executor personally. In appropriate cases, a beneficiary who is forced to bring proceedings to compel an executor to act may seek an order that the executor pay the costs of those proceedings personally — rather than having those costs borne by the estate, and therefore by the beneficiaries.
Beneficiaries should act promptly if concerned about delay. The longer administration is delayed, the greater the risk of asset deterioration, loss of evidence, erosion of the estate's value through ongoing costs, and dissipation of testamentary assets. Early legal advice is strongly recommended before taking formal steps.
Detailed NSW probate timeline: stage by stage
Day 0: Date of Death
The starting point for all time periods. The executor's duties commence at death even though a formal grant has not yet been made. The original will must be located and secured — this is the single most urgent task. Funeral arrangements are made (the funeral director will usually register the death with Births, Deaths and Marriages). Multiple certified copies of the death certificate should be ordered.
Weeks 1–2: Initial Notifications and Asset Security
Notify all relevant institutions of the death: banks, financial institutions, insurers (home, contents, vehicle, life), Centrelink, the ATO, superannuation funds, and any rental or leasing agents. Secure all real property — ensure insurance is current and arrange for security if the property is vacant. Redirect mail. Identify all assets and liabilities. Locate the original will — a copy is not sufficient for probate.
Weeks 2–4: Asset Inventory and Valuation
Prepare a comprehensive inventory of all estate assets and their values at the date of death. Obtain formal valuations for real property, shares, business interests, vehicles, and personal effects of significant value. Confirm all bank account balances at the date of death. Identify jointly held assets — these pass by survivorship and do not form part of the estate administered under the will.
Months 1–3: Probate Application Preparation
Assemble all documents required for the probate application: the original will, death certificate, comprehensive inventory of assets and liabilities, the executor's affidavit in support, and any affidavits of attesting witnesses. Consider publishing a notice of intended application for probate on the NSW Online Registry. Check whether any caveat has been lodged against the grant. If a caveat has been lodged, legal advice should be obtained before proceeding.
Months 3–6: File the Probate Application
File the application for probate with the Supreme Court Probate Registry. The Court expects this to occur within six months of death. Once filed, processing typically takes 4–8 weeks if the application is in order. The Registrar may raise requisitions requiring further information, clarification, or additional documentation. Respond to these promptly to avoid further delay.
Grant of Probate is Sealed
Once the Registrar is satisfied that the application is in order and no caveat is outstanding, the grant of probate is sealed. The executor now has legal authority to deal with estate assets: to close or operate bank accounts, sell or transfer property, realise investments, and pay debts. The grant should be lodged with each relevant institution (banks, share registries, Land Registry Services).
Post-Grant: Months 1–3
Advertise for claims under s 60 of the Trustee Act 1925 (NSW) — a 30-day notice period applies. Pay all estate debts, funeral expenses, administration costs, and tax liabilities. Prepare the deceased's final tax return and any estate income tax returns. Obtain tax clearances from the ATO where appropriate. Apply to the Court for any necessary advice or directions if complex issues arise.
Post-Grant: Months 6–12
Once the executor is satisfied that all liabilities have been discharged, all claims (including potential family provision claims within the 12-month limitation period) have been addressed, and all tax clearances obtained, the estate may be distributed to beneficiaries in accordance with the will. The executor should prepare final estate accounts and provide them to the residuary beneficiaries. Retain records for a reasonable period after distribution — usually at least 7 years.
Interaction between the probate timeline and caveats
A caveat against a grant of probate has a direct impact on the probate timeline. Because a caveat must be lodged before the grant is sealed, every day that passes after the probate application is filed increases the risk that the grant will be made and the opportunity to caveat will be lost. There is no fixed notice period between filing and sealing — the grant may be made in a matter of weeks if the application is straightforward and in order.
For persons considering a caveat, this means:
- You cannot assume you have six months from death to lodge a caveat — the grant may be sealed much earlier
- If you know or suspect a probate application has been filed, you must act immediately
- A caveat can be withdrawn at any time — so there is no disadvantage to lodging one while investigating, provided grounds exist
- Once a caveat is lodged, the caveat itself has a six-month lifespan (renewable), during which proceedings should be commenced
For executors, a caveat stops the timeline. Until the caveat is resolved — by withdrawal, lapse after warning, or court order — probate cannot be granted. Executors should factor in the time required to deal with a caveat when communicating with beneficiaries about expected timeframes.
Frequently asked questions — NSW probate timeline
No. It is not a statutory deadline. It is an administrative expectation of the Supreme Court. Probate can be granted after six months, but the executor must explain the delay in their supporting affidavit. The Court will generally accept reasonable explanations. However, repeated failure to progress the administration without good reason may lead beneficiaries to seek court orders compelling the executor to act or removing the executor. Executors should aim to file within six months and document any reasons for delay.
You are not automatically barred from bringing a family provision claim if you miss the 12-month deadline. The Court has a discretion under s 58(3) of the Succession Act 2006 (NSW) to extend the time. However, the discretion is not exercised lightly. You must demonstrate sufficient reasons for the delay, a reasonably arguable case for provision, and that the prejudice to other parties is not disproportionate. The longer the delay, the more difficult it becomes to obtain an extension — particularly if the estate has already been distributed. You should never assume an extension will be granted and should seek legal advice well before the deadline approaches.
A caveat must be lodged before the grant of probate or letters of administration is sealed. There is no other time limit. However, the practical deadline is set by when the executor files the probate application — a grant can be made within weeks of filing. If you have concerns about the validity of a will or the executor's conduct, you should lodge a caveat immediately. Waiting to see what happens can be fatal to your position. A caveat can be withdrawn at any time, so there is no downside to lodging one while investigations are undertaken — provided there are proper grounds. Lodging a caveat without grounds can expose you to costs orders, so legal advice should be obtained.
Probate is a grant made by the Supreme Court to the executor named in a valid will, confirming the executor's authority to administer the estate. Letters of administration are granted where there is no valid will (intestacy), where no executor is named, or where the named executor cannot or will not act. There are several types: letters of administration on intestacy (where there is no will); letters of administration with the will annexed (where there is a will but no executor available or willing to act); and letters of administration pendente lite (during litigation). The application process and the orders sought differ depending on the type of grant required, though the timeline expectations from the Court are similar.
Yes, in limited circumstances. The Supreme Court may entertain an application for an urgent grant of probate (sometimes called an "expedited grant") where there is a genuine commercial or personal need — for example, where a business must be sold, a property settlement must be completed, or there is a risk of significant financial loss if the grant is delayed. The executor must explain the urgency in their supporting affidavit and provide supporting evidence. The Registrar may grant priority processing if satisfied the circumstances warrant it. However, the Court will not expedite a grant simply for the executor's convenience. The application must still be complete and in proper form; urgency does not excuse deficiencies in the application.
A caveat lodged with the Supreme Court Probate Registry prevents the grant from being sealed until the caveat is resolved. This can add weeks or months to the timeline. If the caveator withdraws the caveat voluntarily — perhaps after negotiations or upon receiving information that satisfies their concerns — the delay may be short. If the executor issues a warning and the caveator fails to enter an appearance within 14 days, the caveat lapses and the grant proceeds. If the caveator enters an appearance, the matter becomes contentious and the delay will be measured in months or years depending on whether the dispute proceeds to trial. Executors should not assume they can proceed quickly once a caveat is lodged — early engagement with the caveator is often the fastest path to resolution.
Assets held as joint tenants — commonly real property owned with a spouse, or joint bank accounts — pass by survivorship to the surviving joint owner automatically on death. They do not form part of the deceased's estate and are not governed by the will. The surviving joint owner will need to register the death with the relevant institution (such as the Land Registry for real property) to have the deceased's name removed from the title. Assets held as tenants in common, however, do form part of the estate and the deceased's share passes under the will. It is important to distinguish between these two forms of ownership early in the administration, as it affects the asset inventory, the scope of the executor's authority, and the ultimate distribution to beneficiaries.
While an executor may apply for probate without a solicitor, there are several circumstances where engaging a solicitor is strongly recommended: if the estate is large or complex (involving business interests, trusts, or foreign assets); if the will is contested or a caveat has been lodged; if there is a risk of a family provision claim; if the will is ambiguous or requires interpretation; if the executor is a beneficiary and there is a potential conflict of interest; or if the executor is unfamiliar with probate procedure and the obligations of the role. Engaging a solicitor at an early stage can prevent costly mistakes. The solicitor's fees are generally payable from the estate, not by the executor personally.