This is one of the questions our team is asked most often by executors, and the answer depends on which state the application is made in, and on the individual estate.
Queensland and New South Wales run separate court systems with different procedures, so a timeframe that applies in one state cannot be read across to the other. The sections below set out each state on its own, rather than an averaged figure that would be accurate for neither. For background on what probate actually involves, see what probate is and when it is required.
A timeframe that applies in one state cannot be read across to the other.
How long probate takes in Queensland?
Before an application can be filed, the executor must publish a Notice of Intention to Apply for a Grant in the Queensland Law Reporter. There is a mandatory waiting period after publication before the application can be lodged with the Supreme Court of Queensland. That period cannot be shortened. It exists to give creditors and other interested parties the chance to come forward.
Once the notice period has passed, the application, including the original will, is filed at the relevant registry. The Court then reviews the documents and, if everything is in order, issues the grant. A straightforward, correctly prepared application usually takes several weeks from filing, though this moves with the Court’s workload.
Taken together, the notice period, preparation, filing and processing mean a simple Queensland estate can often expect a grant within a couple of months of the application being ready. Estates with any complexity tend to take longer, for the reasons set out below.
How long probate takes in New South Wales?
The equivalent first step in New South Wales is an online Notice of Intended Application, published through the Supreme Court’s Online Registry rather than in print. As in Queensland, there is a mandatory minimum waiting period after publication before the application can be filed, and it cannot be filed any earlier.
Most uncontested applications are now filed online. The Supreme Court of New South Wales publishes its current processing times on its website, updated regularly, and it is worth checking those directly, since workload varies through the year.
As in Queensland, a straightforward New South Wales application generally moves from notice through to grant within a matter of weeks to months, while anything contested or incomplete will take longer. For more on what happens once a grant is in hand, see probate and estate administration.
What can delay a grant of probate?
The same handful of issues account for most delays in both states.
- The original will cannot be located, or has been damaged, requiring additional evidence or a different application altogether
- Errors or missing information in the application, which the Court can query through a requisition, effectively sending the application back for correction
- Disputes between executors, or disagreement about who should apply
- A challenge to the will’s validity, or a family provision claim, where an eligible person contests whether they have been adequately provided for
- Complex estates, including multiple properties, overseas assets, a business, or unclear asset ownership, which take longer to document properly
- Court workload, which fluctuates and is outside anyone’s control
The deadlines that apply to a family provision claim are not the same in Queensland as in New South Wales, and they are one of the reasons an executor should take advice rather than work to a timeframe read about elsewhere. Our guide to family provision claims in Queensland and New South Wales sets out how these claims work.
Getting the application right the first time is the biggest lever an executor actually has, since requisitions caused by avoidable errors are one of the few delays that are genuinely preventable.
What an executor can get on with in the meantime?
Waiting for a grant does not mean waiting idle. While the notice period runs and the application is with the Court, an executor can reasonably:
- Locate and secure the estate’s assets, and make sure property is insured
- Start obtaining valuations for real estate, vehicles and other significant assets
- Contact banks, superannuation funds and other asset holders early, to understand exactly what each one will require
- Keep a clear record of time spent and expenses paid on the estate’s behalf, from the outset
If the death is recent and these steps are still ahead of you, our guide to the first steps after a death in Queensland and New South Wales covers what comes before an application is made.
What should not happen before the grant is issued is distributing estate assets to beneficiaries. Doing so early carries real risk for the executor personally, particularly if a family provision claim is later made, and the relevant windows for those claims are not calculated from the date the grant is issued.
Frequently asked questions
QCan I speed up probate?
Not the Court’s own processing time. What an executor can control is avoidable delay: a complete, accurate application the first time avoids the requisition cycle, which is often the single largest preventable hold-up.
QDo I need to wait for probate before I can access any money at all?
Not always. Some banks release modest balances against a death certificate alone, but this depends on the institution and the size of the account rather than on the state.
QWhat if the executor does not seem to be doing anything?
There is a difference between an estate moving slowly through an unavoidably slow process, and an executor who is not acting at all. If you are a beneficiary concerned about inaction rather than ordinary delay, see an executor’s duties, and what can be done when they are not met.
QIs the timeframe the same in Queensland and New South Wales?
No. The procedures, the notice systems and the courts themselves are separate. A timeframe read about one state should not be assumed to apply in the other.
Actual timeframes depend on the individual estate and on current court processing times, and cannot be guaranteed.
Disclaimer: The contents of this article are considered accurate as at the date of publication. The information contained in this article does not constitute legal advice. Readers should seek legal advice about their specific circumstances.
