After Death

How long does probate take?

A straightforward probate takes 1–3 months. Complex or contested estates can take years.

The short answer

For an uncontested, straightforward estate:

  • Application preparation: 2–4 weeks
  • Court processing: 4–8 weeks
  • Total: 2–3 months

But that’s just the probate grant — not the entire estate administration.

Probate timeline breakdown

Stage 1: Preparation (2–4 weeks)

Before you can apply, you need:

  • Original will
  • Death certificate (can take 1–2 weeks)
  • Full list of assets and values
  • Application forms completed
  • Filing fee

Stage 2: Lodging (1 day)

Submit your application to the probate registry in the relevant state.

Stage 3: Processing (4–8 weeks)

The court:

  • Reviews the application
  • Checks for any caveats (objections)
  • Verifies the will meets legal requirements
  • Issues the grant if satisfied

Stage 4: Receiving the grant (1 week)

Once approved, the grant is issued and sent to you.

🇦🇺 In Australia: Processing times vary by state and court workload. NSW tends to be slower (6–8 weeks). Some states offer expedited processing for urgent matters.

What slows probate down

IssueAdded time
Missing original willWeeks to months
Incorrect application2–4 weeks to fix
Court backlog2–6 weeks
Caveat lodgedMonths to resolve
Will validity questioned6–18 months
Family provision claim12–36 months
Complex estateVariable

State-by-state estimates

These are typical timeframes for straightforward applications:

StateProcessing time
NSW6–8 weeks
VIC4–6 weeks
QLD4–6 weeks
WA4–8 weeks
SA4–6 weeks
TAS3–5 weeks
ACT4–6 weeks
NT3–5 weeks

Times fluctuate based on court workload.

Probate vs estate administration

Probate is just one step. The full estate timeline:

StageTimeframe
Funeral and immediate tasks1–2 weeks
Gather documents, prepare application2–4 weeks
Probate processing4–8 weeks
Collect assets2–6 months
Pay debts and taxes2–6 months
Wait for claims period6–12 months
Final distributionAfter above

Total: 6–18 months for most estates.

Can you speed up probate?

Yes, if you:

  • Have all documents ready before applying
  • Use correct forms and complete them accurately
  • Pay the correct fee
  • Avoid errors that require resubmission
  • Use a lawyer familiar with the process

Expedited applications are possible for urgent matters:

  • Perishable assets
  • Business requiring immediate decisions
  • Urgent financial hardship
  • Property sales at risk of falling through

You’ll need to justify the urgency to the court.

What happens while waiting

You can still:

  • Secure and maintain property
  • Collect mail and documents
  • Notify institutions of the death
  • Prepare for asset collection
  • Pay urgent bills from your own funds (to be reimbursed)

You generally cannot:

  • Access bank accounts
  • Sell property
  • Distribute assets
  • Make major decisions about estate assets

💡 Pro tip: Start gathering information before probate is granted. Contact banks, super funds, and insurers to understand what they need. That way you can act quickly once the grant arrives.

When probate takes years

Probate itself doesn’t take years — disputes do.

Family provision claims: If someone challenges that they weren’t adequately provided for, the matter goes to court. Settlement or trial can take 1–3 years.

Will validity challenges: If someone claims the will is invalid (forgery, capacity issues, undue influence), litigation can extend for years.

Complex assets: Overseas property, business interests, or assets in dispute can add significant time.

What to do next

  1. Start gathering documents immediately
  2. Order multiple death certificates (you’ll need them)
  3. Identify all assets and their values
  4. Check your state’s probate registry for current forms
  5. Consider whether to use a lawyer
  6. Apply as soon as you have everything ready

Related: What is probate? · Understanding Probate