How long probate takes in NSW
If you are an executor, the honest answer to how long does probate take in NSW is that it comes in two parts, and only one of them is in your control. The first part is the time it takes to prepare the application: gathering the death certificate, locating the original will and listing the estate’s assets and debts. The second part is the time the Supreme Court of NSW takes to check the application and issue the grant, which is court confirmation that the will is valid and the executor can act.
A straightforward estate where the paperwork is in order usually moves quickly. Where documents are missing, assets are spread across several institutions or the will is unusual, the preparation stage stretches out. The Court also publishes its current waiting times, and those move with its workload, so the same application can take longer at a busy period than a quiet one. Our estate administration services can prepare the application properly the first time, which is the single biggest thing within your control.
What can slow a probate application down
Most of the delay in probate is avoidable, and it tends to come from the same handful of causes:
- Waiting on the death certificate, which is issued by Births, Deaths and Marriages and can take a few weeks.
- Tracking down the original signed will, not a copy, which the Court needs to see.
- Working out the full list of assets and debts when they sit across several banks or share registries.
- A will that is damaged, undated, or signed in a way that raises a question the Court wants answered.
There is also a timing rule worth knowing. In New South Wales, an executor is generally expected to apply for probate within six months of the death. If you apply later than that, the Court will usually ask you to explain the delay, so it pays to start early rather than let months slip by.
Can you sell the house before probate is granted
This is the question we are asked most, and it matters because families often need the money or want to move quickly. For a property held in the deceased person’s name alone, you generally cannot complete a sale until probate is granted, because the executor needs the grant before the title can be dealt with. That step of moving the title out of the deceased person’s name is what makes settlement possible, and it cannot happen without the grant.
What you often can do is get ready. You can speak to an agent, prepare the property and, in many cases, list it and even exchange contracts, provided the contract allows enough time for the grant to come through before settlement. The risk to avoid is committing to a settlement date you cannot meet because the grant is not ready. Our local estate lawyers can line the sale up alongside the probate application so the two run together rather than one holding up the other.
When the house does not need probate to sell
Not every property is caught by this. Where a home is owned as joint tenants, most commonly by a couple, the deceased person’s share passes automatically to the surviving owner. The survivor becomes the sole owner without a grant, and can then sell in the ordinary way. Probate is about assets held in the deceased person’s name alone, so a jointly held home is usually a different, and simpler, situation.
Because the answer turns on exactly how the title is held, it is worth checking before you make any promises to a buyer. A short conversation early can save a scramble later, and it is the same conversation that tells you whether the estate needs a grant at all. Our guide to keeping your estate plan current explains why how you hold assets is worth reviewing while you can still change it.
FAQ
Can probate be faster in an urgent situation?
The Court sets its own timetable, but a complete, well-prepared application avoids the back-and-forth that causes most delays. Getting the documents right the first time is the fastest route.
Do I need probate for a small estate?
Not always. Banks and other institutions each set an amount they will release without a grant, and jointly held assets pass to the survivor. If the estate is modest and simple, you may not need probate at all.
Can I access the deceased person’s bank account before probate?
Banks will usually release funds to pay the funeral and similar urgent costs, but larger balances are generally frozen until a grant is produced or the account falls under the bank’s threshold.
If you are dealing with an estate and need to know where you stand on timing or a sale, talk to a local estate lawyer before you commit to any dates. Call 02 4626 5552 or arrange a consultation at our Picton or Oran Park office.
This article is general information about the law in New South Wales and is not legal advice. For advice on your own situation, please speak with a lawyer.
