How long does Probate and Estate Administration usually take?

How long does Probate and Estate Administration usually take?

The Supreme Court will usually approve an application for Probate within six working days.

However, you need to be aware that a number of steps need to be taken before you will be in a position to make a Probate application to the Court including:

  • Locating the original Will of the deceased.
  • Obtaining the original Death Certificate of the deceased.
  • Publishing the statutory notice that a Probate application will be made.
  • Completing the required Court Probate documents including a sworn statement from the Executor of the deceased’s Estate.
  • Preparing an inventory of assets of the deceased.

Preparation and location of the above documents can take some time. You should also be aware that if the documents are not prepared correctly, the Court will not grant Probate until any mistakes are rectified. To avoid a delay in the Grant of Probate, it is best to instruct a specialist lawyer to assist you in the application to obtain Probate.

How long does Estate Administration take?

Once Probate has been obtained, the Executor of the Estate needs to distribute the Estate in accordance with the wishes of the deceased, as set out in deceased’s Will, this period is called “The Administration of the Estate” and the length of time the administration takes, will depend on the complexity of the Will and the size of the Estate.

If the Estate contains real estate that needs to be sold, or gifts a life residence in real estate to a beneficiary, then the administration of the Estate may take longer then usual.

Most Executors engage a Wills and Estate Lawyer, to administer the Estate. This is to ensure that the Executors comply with their legal duties, in distributing the assets of the Estate and that they are not open to any claims by beneficiaries of the Estate if they make a mistake.

To ensure that you administer the Estate correctly and in compliance with the law, you need to speak to a specialist lawyer in this area. Our expert Wills and Estates lawyers, can answer your questions on the processes involved, in obtaining Probate and Administration of the Estate, and because of their extensive practice in this area, they can give you a realistic idea of how long Probate and Administration of the Estate will take.

At Heckenberg Lawyers we don’t take our clients’ confidence for granted: we work hard to earn it by providing an efficient, cost effective service which puts your interests first and doesn’t cut corners. We take pride in achieving repeat custom and winning clients by word of mouth recommendation.

If you need advice about a Will or an Estate matter please call our Probate Lawyers Sydney  02 9221 2779 or email info@hecken.com.au to arrange an initial consultation with principal lawyer Graeme Heckenberg at our centrally located Sydney offices.

See our Will Dispute Lawyer & Contesting Wills page for more information on the Wills & Estates services we provide.