Publish the Notice of Intention to Apply for Probate: As the person legally named in the will to administer the estate, the executor is primarily responsible for publishing the Notice of Intention to Apply for Probate. This is the first step in the probate process, which starts the 14-day waiting period for potential claimants and other interested parties to come forward.
Additionally, as decided by the will or applicable laws, beneficiaries may be required to outlive the deceased person by a certain period, usually after 30 days. This clause helps prevent complications in the event that a beneficiary passes away shortly after the deceased.
Michelle said, “It felt so official to publish that notice. I worried I’d miss something important, but you reassured me, double-checking every detail so I could move forward with confidence.”
Apply for probate: Once the 14-day waiting period has passed, the executor can apply for probate at the Supreme Court of the state. The process involves submitting different documents, such as the deceased person’s will, death certificate, and other relevant paperwork.
How long does probate take in the NSW Supreme Court? The average processing time is 28 days. However, some applications take as little as 10 days, while others may go on for 3 months. Common reasons for probate to be processed longer than expected include defects in the will (e.g., errors, ambiguities), defects in the application (e.g., inaccuracies, missing information), and complicated assets. If the court requires more information, they will issue a requisition to which the executor must promptly comply.
Michelle was worried her application would get stuck in red tape. She shared, “I was terrified of paperwork errors, but you reviewed every form with me and kept me updated whenever the court asked for more info. That made all the difference.”
Send a notice to the creditors: Upon obtaining the Grant of Probate, the executor should publish a second notice called the Notice to Creditor. This aims to inform the creditors of the deceased about their passing.
The executor typically advises a 6-month waiting period before distributing the assets to the beneficiaries. During this waiting period, creditors may come forward to settle any debts before the estate is distributed. In some cases, the executor advises to wait a full year.
Michelle expressed, “I didn’t realise how many people needed to be notified. Waiting was hard, but I understood it was about protecting everyone—including me.”
Assess the income taxes: The last step is to get the final income tax assessment, which may also be one of the most time-consuming aspects of estate administration. This can be affected by various factors, such as asset freezing and extended finalization. Hidden Probate Costs in NSW: Understanding Payment Responsibilities can further impact this process. In some extreme cases, finalizing the estate may take several years.
“The tax part stressed me out most,” Michelle admitted. “But your accountant helped me understand every form, so I knew exactly what to expect. That transparency took a huge weight off my shoulders.”
