Losing someone you love is one of the hardest things any of us go through. Then, in the middle of grieving, you're asked to deal with paperwork, courts and words you've probably never used before. Probate is often one of them.
In simple terms, probate is the Supreme Court of NSW's confirmation that a will is valid and that the person named in it can look after the estate. Not every estate needs it, but when one does, it helps to know what to expect.
Whether you're dealing with probate now or planning your own will so your family has less to worry about later, this article explains the basics.
Key Takeaways
Probate confirms a will is valid and gives the executor legal authority to act on it.
Not every estate needs probate; it depends on the assets involved.
If there's no valid will or executor, letters of administration may be needed instead.
Processing times vary, so it's worth planning for a longer road and getting advice early.
What is probate in NSW?
Probate is a court order from the Supreme Court of NSW. It confirms that a loved one's will is valid and gives the executor, the person named in the will to look after the estate, the legal authority to carry out their wishes. Banks and other organisations often need to see it before they'll release money or transfer property. In simple terms, it's the official green light to begin sorting out an estate.
Probate doesn't change what the will says. It gives the executor, who is usually someone your loved one trusted, the legal authority to act on it.
Do you need probate?
Whether you need probate depends on what your loved one owned and how they owned it. Generally, probate is needed when assets are held in the person's name alone and are worth more than a certain amount. It's often not needed when everything is jointly owned with one other person or when the estate is small. Every estate is different, so it's worth checking with a lawyer before you decide.
Banks and other institutions also set their own rules. Smaller accounts can sometimes be released without probate, but the executor then carries more personal responsibility and misses out on some legal protections. That's why getting advice early can give you certainty.
How does probate work in NSW?
In NSW, the executor applies to the Supreme Court, and most uncontested applications are now filed online. They gather the will, the death certificate and a list of the estate's assets and publish an online notice of their plan to apply. After a 14-day wait, they lodge the application. The court reviews it, may ask questions, and then issues the grant of probate. Once it's granted, the executor can begin carrying out the will.
The application should be made within six months of the death. If it takes longer, the court will ask for an explanation. That's not unusual when a family is grieving, but it's another good reason to get advice early.
What happens if there's no will or no executor?
If there's no valid will, no executor is named, or the named executor can't or won't act, a different court order is needed. It's called letters of administration. The person applying, often a close family member, becomes the administrator and takes on the executor's role. It follows a similar process to probate, but the rules about who can apply and how the estate is shared can be different.
This is also why a clear, up-to-date will matters. It names the people you trust to carry out your wishes, and it can save your family from extra steps and uncertainty at a difficult time.
How long does probate take?
Every estate is different, and the Supreme Court of NSW publishes its current processing times on its website. As a general guide, straightforward probate applications typically take a few weeks to be assessed once filed, though this can shift depending on how many applications the court is handling at the time. That's only one part of the journey. Gathering documents and the 14-day notice period come first, and the court may ask questions before it issues the grant.
Delays are more common when documents are incomplete or unclear, and the court has said processing times can stretch during busier periods. Letters of administration and more complex applications, such as informal wills or copies of wills, can take longer than straightforward ones. Probate is also just the first stage. Executors are usually advised to wait at least six months after the death before distributing an estate, in case anyone makes a claim, so it's worth planning for a longer road.
How can Law Team help?
We know probate often comes at one of the hardest times in your life. You're grieving, and now there's paperwork too. Our estate planning lawyers at Law Team are here to help you understand where you stand and what comes next, at a pace that feels right for you.
If you're dealing with probate, or you'd like to put your own will and estate plan in place so your family has less to worry about later, get in touch with us. We'll walk you through it, step by step.
This article is general information only and doesn't constitute legal advice. If you'd like advice tailored to your situation, get in touch with our team.
About the Author: Erin Vassallo
Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risk.
Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.
Frequently Asked Questions
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A will says what you want to happen to your assets. Probate is the court's confirmation that the will is valid, so the executor can act on it.
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The executor named in the will. If there's no will, no executor, or the executor can't act, a family member or another eligible person may apply for letters of administration instead.
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The application should be made within six months of the death. If it's later, the court will ask for an explanation for the delay.
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Some people apply on their own for simple estates. But mistakes or missing documents can lead to delays, and estates aren't always as simple as they first seem. A lawyer can check that everything's in order and take some of the weight off you.
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You don't have to take it on. If you can't or don't want to act, you can step aside, and the NSW Trustee and Guardian may be able to take over.
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Where probate is needed, property can't be distributed until it's granted. It's best to speak to a lawyer before agreeing to sell or transfer anything from an estate.