How long does Probate take in Australia?

The duration of probate in Australia can vary depending on factors such as the complexity of the estate, whether there are any disputes, and the efficiency of the legal process. Probate is generally not a swift process, and it can take several months to complete.

Here are the general steps involved in the probate process:

1. Application for Probate: The Executor of the Will or in the absence of a Will an eligible person in accordance with the relevant legislation, typically applies for Probate through the Supreme Court in the applicable state or territory.
2. Probate Registry Processing: The Court reviews the application, and if everything is in order, it issues a Grant of Probate (or Letters of Administration if the person passes away without a Will). This process can take several weeks to a few months, depending on the workload of the Probate registry.
3. Executor's Duties: After obtaining Probate, the Executor can begin administering the estate. This includes collecting the assets of the estate, paying any outstanding debts, and distributing the remaining assets to the beneficiaries.

The overall timeline can be affected by the above factors. Additionally, different states and territories may have slightly different Probate processes or prerequisites.

If you are dealing with a specific Probate matter, it is advisable to consult with an experienced Probate lawyer. At Kells, we have a team of caring and experienced Probate lawyers who are able to assist you during this difficult time and help manage the process for you.