How Long Does Letters of Administration or a Probate Grant Take?

How to obtain Probate or Letters of Administration as quickly as possible

Probate for a deceased estate

Obtaining a Grant of Probate is required before the Executor of a Will has the authority to handle assets in the deceased estate. If the person did not leave a Will, the next of kin needs to apply for a Grant of Letters of Administration to get this authority.

In both cases, the associated legal process needs to be carefully followed, and it's not always clear exactly how long the application process will take.

Whilst the court process and the answer to 'how long does probate take' differs per state, across Australia it takes several weeks to determine the validity of the Will. This can vary depending on many factors, but it is essential for the person deemed to administer the estate.

Seeking out the assistance of a lawyer can also impact how long probate takes, especially if the deceased has complications or questions raised over an informal Will. If this is the case, it may be advisable for the person appointed as executor or administrator to seek advice from a lawyer before they apply for probate.

We've put together a handy guide to break down the time it takes to obtain a Probate or Letters of Administration grant in Australia, depending on the state you're in.

How long does Probate take in New South Wales?

Probate takes 14 weeks in NSW

Preparing for probate

In NSW, the death certificate needs to be filed as part of your application, as well as the original Will if you're applying for Probate. Getting a death certificate in NSW usually takes 2–4 weeks following the passing of a loved one.

Once you have the death certificate and Will (if applicable), the next step is to lodge an online Notice of Intended Application with the NSW Supreme Court.

The Probate Process

After the notice is published, you must wait 14 days before you can proceed with lodging your application. This 14-day notice period allows any creditors of the Estate to notify you of their intended claim, or for eligible people to advise you of an intended Family Provision Claim.

Ideally, during the 14-day notice period, the application is being prepared by you or your lawyers and can be signed once you have all the information needed for the application. In NSW, applications for Probate are still paper-based and need to be mailed to the Supreme Court once signed.

You should allow 2–5 business days for the documents to arrive at the court. Once the application is received by the court, it generally takes 4–6 weeks for the Supreme Court to review and issue the grant. You should then allow a further 2–5 business days for the grant to arrive in the post. Once the grant is made, the court process is complete.

Notice of intended distribution

In NSW, it's strongly recommended that Executors or Administrators publish a second notice, the Notice of Intended Distribution. This alerts any creditors or potential claimants that the Estate will soon be distributed to the relevant beneficiaries.

If the second notice is published, the Executors or Administrators must wait to distribute the Estate until whichever date is latest – either 30 days from the date of the second notice, or 6 months from the date of death.

If the second notice is not published, then the Executors or Administrators should generally wait until 12 months from the date of death before proceeding with distributions.

In summary, based on the above timelines, it commonly takes up to 14 weeks from the date of death for a Grant of Probate to be issued by the court.

This is on the assumption that details of all assets owned by the deceased are known at the date of death and you aren't waiting on replies from asset holders to confirm this information. It is then for the Executors or Administrators to decide if they want to wait a further 30 days or up to six months (depending on which is later if publishing the second notice) or 12 months (if not publishing the second notice) before distributing the Estate.

How long does Probate take in Victoria?

9 weeks

In Victoria, you require the death certificate and Will (if applicable) before you can begin the process of applying for a grant. It usually takes 2–4 weeks to obtain a death certificate in Victoria following the passing of a loved one.

The first step in applying for a grant in Victoria is to advertise your intention to apply online with the Victorian Supreme Court. After the notice is published, you must wait 14 days before you can proceed with lodging your application. This 14-day notice period allows any creditors of the Estate to notify you of their intended claim, or for eligible people to advise you of an intended Family Provision Claim.

Once the 14-day notice period has expired, you can proceed with the filing of the application. The Supreme Court of Victoria usually takes 2–3 weeks to review Probate applications, and 1–2 weeks to review applications for Letters of Administration.

Grants in Victoria are issued electronically and will be sent to the law firm assisting with the application or nominated applicant via email. You will not receive any hard-copy documents in the post from the court.

For Victorian Estates, there is no need to publish a second notice. Instead, it's highly recommended that Executors or Administrators hold off on distributing the Estate until 6 months after the grant was issued to avoid any personal liability should a creditor or claimant come forward during that time.

In summary, it commonly takes up to 9 weeks from the date of death for a grant to be issued by the Supreme Court of Victoria. This is on the assumption that details of all assets owned by the deceased are known at the date of death, and you are not waiting on replies from asset holders to confirm this information. The Executors or Administrators should then wait a further 6 months from the date of the grant before they administer the estate and distribute remaining assets, or sell property within the estate.

How long does probate take in Queensland?

14 weeks

Just like New South Wales and Victoria, the death certificate needs to be filed as following documents to your application for a grant in Queensland, together with the original Will if applying for Probate. After this, it usually takes 2–4 weeks to obtain a death certificate following the passing of a loved one.

In Queensland, the Notice of Intended Application must be published in the Queensland Law Reporter (QLR). The QLR is published every Friday, so the 14-day notice period starts from the Friday the notice is published (not the day it's submitted for publication).

After the notice is published, you must wait 14 days before you can proceed with lodging your application. This 14-day notice period allows any creditors of the Estate to notify you of their intended claim, or for eligible people to advise you of an intended Family Provision Claim. Once the 14-day notice period has expired, you can proceed with filing the application.

Queensland applications for a grant are still paper-based and need to be mailed to the Supreme Court once signed. You should allow 2–5 business days for the documents to arrive at the court. Once the application is received by the court, it generally takes 4–6 weeks for the Supreme Court to review and issue the grant. You should then allow a further 2–5 business days for the grant to arrive in the post. Once the grant is made, the court process is complete.

For Queensland Estates, there is no need to publish a second notice. Instead, it's highly recommended that Executors or Administrators hold off on distributing the Estate until 6 months after the grant was issued to avoid any personal liability should a creditor or claimant come forward during that time.

All up, it commonly takes up to 14 weeks from the date of death for a grant to be issued by the Queensland Supreme Court. The Executors or Administrators should then wait a further 6 months from the date of the grant before distributing Estate assets.

How long does probate take in Western Australia?

14 weeks

In Western Australia, the certified copy of the death certificate needs to be filed as part of your application, as well as the original last Will and testament left by the deceased. It usually takes two weeks, if not longer, to obtain a death certificate in Western Australia following the passing of a loved one.

Western Australia is different to most other States and Territories in that you do not need to publish your intention to apply for a grant prior to applying. You can apply for a grant with the Supreme Court of Western Australia no sooner than 14 days after someone has passed away.

If you are applying for Probate in Western Australia, then the relevant forms can be prepared and generated online via the Probate Wizard. If you are applying for Letters of Administration in Western Australia, applications are still paper-based and need to be mailed to the Supreme Court once prepared and signed.

You should allow 2–5 business days for the documents to arrive at the court. The Supreme Court of Western Australia generally takes 3–6 weeks to review and issue grants once they receive the application. You should then allow a further 2–5 business days for the grant to arrive in the post.

While there is no Notice of Intended Application in Western Australia, it's highly recommended that the Executors or Administrators publish a Section 63 Notice in the Government Gazette and West Australian Classifieds once the grant has been made. A Section 63 Notice puts any creditors or potential claimants on notice that you have obtained Probate and intend to distribute the Estate. If you publish a Section 63 Notice, you can distribute assets of the Estate one month after the notice is published.

For Western Australian applications, it commonly takes up to 14 weeks from the date of death for a grant to be issued by the Supreme Court. This is on the assumption that details of all assets owned by the deceased are known at the date of death and you are not waiting on replies from asset holders to confirm this information.

The Executors or Administrators should then wait either one month (if they have published a Section 63 Notice) or a further 6 months from the date of the grant before distributing Estate assets.

How long does probate take in the Australian Capital Territory?

12 weeks

Like the states mentioned above, the death certificate needs to be filed as part of your application in the Australian Capital Territory, as well as the original Will if you are applying for Probate. It usually takes 2–4 weeks to obtain a death certificate in the ACT following the passing of a loved one.

In the Australian Capital Territory, the Notice of Intended Application needs to be published in a local newspaper. After the notice is published, you must wait 14 days before you can proceed with lodging your application. This 14-day notice period allows any creditors of the Estate to notify you of their intended claim, or for eligible people to advise you of an intended Family Provision Claim.

During the 14-day notice period, the application can be prepared and signed once you have all the information required for the application. Once the 14-day notice period has expired, you can proceed with filing the application.

It's important to note that when applying for a grant in the ACT, you must lodge your application with the court within 3 months of the date the notice is published. If you take longer than 3 months to prepare, sign and lodge the application, you must re-publish your intention to apply in the newspaper.

In the ACT, applications for a grant are still paper-based and need to be mailed to the Supreme Court once signed. You should allow 2–5 business days for the documents to arrive at the court. Once the application is received by the court, it generally takes 2–4 weeks for the Supreme Court to review and issue the grant. You should then allow a further 2–5 business days for the grant to arrive in the post. Once the grant is made, the court process is complete.

In the ACT, it's highly recommended that Executors or Administrators publish a second notice, the Notice of Intended Distribution. This alerts any creditors or potential claimants to the fact that the Estate will soon be distributed to the relevant beneficiaries. If the second notice is published, the Executors or Administrators must wait to distribute the Estate until whichever date is latest – either 30 days from the date of the second notice or 6 months from the date of death.

If the second notice is not published, then the Executors or Administrators should wait until 6 months from the date the grant was made before proceeding with distributions.

In summary, based on the above timelines, it can take up to 12 weeks from the date of death for a grant to be issued by the court. This is on the assumption that details of all assets owned by the deceased are known at the date of death, and you are not waiting on replies from asset holders to confirm this information.

Assuming this does not force delay, then it is then for the Executors or Administrators to decide if they wish to wait a further 30 days or 6 months (depending on if the second notice is published or not) before distributing Estate assets.

How can Safewill Legal help?

We know that when a person dies unexpectedly, the last thing on your mind is handling financial institutions, bank accounts, and the deceased's assets. But when it comes to carrying out the wishes the deceased left behind, these steps are all necessary. And, as the executor, it's essential you apply for Probate promptly to administer the estate.

With this in mind, Safewill Legal is here to offer practical advice to help administer the estate as Executor or Administrator. An essential part of this, of course, is providing assistance when the time comes to apply for probate or letters of administration.

Apply for probate with a Safewill lawyer

We offer Australia's most affordable fixed-fee Probate and Letters of Administration service- charging one fixed fee to obtain a Grant of Probate or Letters of Administration, regardless of the size of the Estate. In this way, Safewill Legal can help you carry out the wishes of the deceased person by smoothing the probate application process.

Seeking advice from a solicitor can prevent delay in this process, and beneficiaries receiving their share. As Administrator, this is also relevant to grant powers to deal with property, money and assets left by the deceased.

Our team is local and ready to provide you with complimentary guidance about where to start. Start a live chat or call us on 1300 942 586.