Dealing with the death of a loved one is a difficult and emotionally exhausting experience. Under these circumstances, going through the complex legal proceedings to ensure that your loved one’s legacy and estate are safe and capable hands can feel overwhelming.
If you are an executor of your loved one’s estate in NSW, you must apply for a Grant of Probate in WA, which will enable you to carry out your duties and responsibilities. However, the application process is highly complex. And it can take a lot of time before you obtain your Grant.
In this blog, we discuss how long Probate takes in NSW and the common factors that can hold up the application process.
Generally speaking, the answer of the question, “How long does Probate take in NSW?” depends on various factors. It includes who filed the application, the process followed, and, most importantly, their efficiency and competency in filing a petition in compliance with the stringent requirements of the NSW Supreme Court.
It usually takes somewhere between 12 to 15 weeks. However, given the current assessment period of the Supreme Court, this time frame is much longer than it usually takes. The application for Probate in NSW often faces delays because of the requisitions or questions that the Court often raises.
Typically, the requisitions are addressed on affidavit evidence. And often, the petitioners need legal counsel to understand and respond to the requisition. It can take up to three months for the Court to review the affidavit after it is filed. And if it is not satisfied with the response, it will ask further questions. The Probate in NSW is not granted until the Court is satisfied with all your answers.
Delays in the probate application process are often caused because the paperwork submitted is not in order. Often, applicants will forget to include a necessary document or file the wrong one, causing a delay in the process. As someone applying for Probate in NSW, you must ensure you have filed the necessary documents to avoid delays in the procedure. It includes the death certificate, proof of residency, proof of identity, and the original Will (if it exists), amongst others.
Disagreements and disputes between the different beneficiaries named in the Will are also common causes of delay in the Probate application process. Often, the beneficiaries of the Will cannot agree on the asset distribution. And their disputes can hold up the entire process, delaying it indefinitely. In some cases, even litigation might be necessary to resolve the disagreements before the Probate process can start again. Often, such disputes can hold up your application process for months or even years.
Finally, another common reason that delays the Probate application process is problems within the estate. One instance that can delay the process is when the estate owes unpaid bills, taxes, or debts. The applicants for the Grant of Probate in WA must first settle these outstanding dues before the application process can proceed. The time and effort needed to clear the debts depend on the number of unpaid dues & their amount. And this can create a significant delay in the process.
Some common errors that can cause unnecessary delays in your application process for Probate in NSW are listed below:
We understand that the Probate application process seems complicated & overwhelming, especially if it is your first time. It is natural to feel anxious about adhering to the stringent laws of the NSW Supreme Court and the complicated filing process.
However, you can always consult a professional who will guide and support you every step of the way. They’ll take care of everything to ensure that the deceased’s estate remains safe with the intended beneficiaries— their friends & family.
You can hire the services of a professional probate consultant who provides a premium alternative to the overly expensive and legalistic approach to probate application at a fraction of their prices. They assess your situation and provide you with information about your options so you can make an informed decision about what will be the best course of action for you & your family.
The Probate application costs in NSW are the highest in the country. And many applicants still believe that the process cannot be concluded without assistance from a lawyer or solicitor. However, if you pay attention to the specifics and conduct your research, you can even complete your application process on your own.
On the other hand, you can also hire expert Probate consultancy services such as Probate Consultants. We are the highest-rated professionals in the industry, and we guarantee our clients a 100% success rate and the fastest turnaround time. Irrespective of the value of your estate, we only charge a single fixed fee for our services Australia-wide. We are upfront, and you can rest assured that you will never encounter any hidden costs with us. Connect with us to learn more about applying for Probate in WA.
