A straightforward deceased estate will often take around 9–12 months to fully administer, although some simple estates can be completed sooner and complex estates may take considerably longer. The exact time frame depends on the estate, whether Probate or another court grant is required, and the laws and procedures that apply in the relevant state or territory.
How long it takes to administer an estate can depend on several factors, such as:
- whether the Will is complex;
- whether the deceased died without a Will and the executor is locating all beneficiaries entitled under intestacy (this can also include locating foreign beneficiaries);
- whether the estate assets are known or various searches and enquiries need to be undertaken to ascertain the estate’s position;
- the types of assets included in the estate (for example: foreign assets, complex asset structures or difficulty selling real property);
- whether there are any disputes between beneficiaries; and
- whether anyone has made a claim against the estate or is likely to make a claim (for example: a family provision claim or claim that the Will was signed without capacity, with undue influence or fraudulently).
Estimated time frame for simple estate administration process
An estimated timeline for a simple estate is:
- Weeks 1-2: locate the original Will, wait for the official death certificate to be received and consult with a solicitor. The original Will and death certificate are required for the application for a Grant of Probate, and the process cannot commence without them.
- Weeks 3-4: identify assets and debts, notify institutions and verify value of assets (for example: bank accounts, shares, refundable accommodation bonds), obtain valuations (for example: house and motor vehicle value).
- Weeks 5-6: prepare the application for a Grant of Probate and meet with a solicitor to sign the application.
- Courts Processing Time: after the application for a Grant of Probate is filed with the relevant Supreme Court, a Notice of Intention to Apply for Probate is published on the Supreme Court website. The Notice communicates that after 14 days from the date of the Notice an application will be made for a Grant of Probate. After the expiration of the 14-day period, the Supreme Court reviews the application. An application which is uncontested and free of any errors may be processed between 2 and 8 weeks. If the Court issues a requisition on the application, delays can occur.
- After the Grant: after the Grant of Probate has been received, the executor has the legal authority to deal with the assets of the estate. This stage of the administration can be the longest.
The executor has a duty to organise the following:
- Publish Notice of Intended Distribution of an estate: once the Grant of Probate has been obtained, a Notice of Intended Distribution of an estate should be published. The Notice of Intended Distribution of an estate provides that after 6 months from the date of death and 30 days from the date the notice has been published, whichever is later, the Executor(s) or Administrator(s) intend to distribute the estate. The purpose of the notice is to give opportunity to any creditors or claimants against the estate to come forward and notify the legal personal representative (LPR) of the Estate of the nature and value of their claim. If no notice is received by the LPR, they will be personally indemnified against any claims brought after distribution is made.
- Collecting the assets: such as closing bank accounts, selling motor vehicles, selling any personal items of value, selling shares and market/sell real estate property;
- Payment of debts and liabilities: attend to the payment of any debts of the deceased prior to passing (for example: credit cards, loans, mortgages) or payment of reasonable executor expenses;
- Tax assessment: engage an accountant to have the deceased’s personal and estate affairs assessed for any tax liabilities.
- Distribution: once all assets have been sold, debts/liabilities paid and tax assessed, the estate can then be distributed. In the final step before distribution, all beneficiaries are required to provide all their details to the executor to enable their inheritance to be paid.
Common causes for delay in estate administration
The most common causes for delay in administering an estate are:
- the deceased has died without a Will (being intestate).
- the original Will has been misplaced.
- the death certificate refers to a form of mental incapacity, which requires further explanation to the Court.
- identifying beneficiaries.
- claims made against an estate or disputes between beneficiaries.
- delays in sale of assets due to lack of interest or downturn in market.
- assessment of the deceased’s personal and estate tax affairs.
The administration of a deceased person’s estate follows a structured process involving mandatory waiting periods, court processing, and the finalisation and distribution of assets. The time frame can vary depending on factors such as court requisitions, the complexity of the estate, or family disputes, all of which may delay the executor in obtaining a grant of probate and distributing the estate assets.
When should a beneficiary be concerned about delays?
If you’re a beneficiary and it’s been well over 12 months with no clear explanation, it’s reasonable to ask the executor for an accounting of what has been done, what remains outstanding, and the expected completion date. For more information about this, or help with the administration process, contact our team.
