Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
The challenge families face
You’ve lost someone close, and now you’re tasked with finalising their estate. At a time when emotions are raw, you find yourself caught in a process that feels endless and confusing. Why does probate take so long? Why can’t things just move faster?
If you’ve ever felt this way, you’re not alone. Many executors and families are surprised by how complex the process can be, and how much depends on preparation, timing, and clear communication.
Let us guide you through probate with confidence. Call us on 1300 654 590 or email us to learn how we can help you navigate the complexities of finalising an estate.
What is probate?
A ‘Grant of Probate’ is a document which certifies that the Supreme Court recognises that the document presented is the last valid Will of the deceased, and that the executors now have the authority to deal with the estate assets and liabilities.
The main reason that Probate is required is that some organisations that hold the deceased’s assets or maintain registers that record title to such assets, will not release them or record a transfer to the executor for distribution to the beneficiaries unless they have first seen the grant of probate from the Supreme Court.
As part of a probate application, the Executors have to disclose the assets and liabilities of the deceased and often have to provide additional information about their circumstances. When this information is not readily available or hard to locate, delays can really ramp up.
You can read more about the probate process here.
Why probate takes time
Even the most straightforward estates can take months to obtain probate. Courts face backlogs. Executors may take time gathering documents. Asset-holders like banks or share registries have varying requirements to release information and may insist on hard copies and wet signatures, which slows everything down.
When executors are family members juggling grief, work, and family responsibilities, progress can easily stall. Professional executors (such as the long term accountant or lawyer) may not have great visibility of the deceased’s perosnal affairs. Each small delay can compound into weeks or months of waiting.
Probate delays rarely stem from just one factor. Some of the most common include:
- Administrative hurdles: Financial institutions and registries may have outdated processes or differing requirements.
- Availability of information: If the deceased did not have their affairs in order, it can be difficult for executors to find the information they require so that the probate application can be prepared. This can sometimes require additional information and affidavits to be prepared in support of the probate application, which can slow things down.
- Executor inexperience: Executors who are grieving, time-poor, or unsure of their responsibilities can unintentionally create delays.
- Court processing times: Applications can sit in queue for weeks, especially if the court issues requisitions requiring clarification.
Each of these can add layers of complexity to an already emotional process.
If you are in South Australia or New South Wales, we have some handy articles on our website that provide some guidance as to probate processing times in those jurisdictions.
Have you found yourself overwhelmed by an estate? Call us on 1300 654 590 or email us to get help now. We can help take the stress out of probate and estate administration.
The real-world impact
Probate delays aren’t just frustrating: they have real consequences. Beneficiaries waiting on funds may experience financial strain. Family businesses may face disruption if ownership of shares, land, or licences cannot be transferred promptly. In some cases, tax obligations mount as assets remain frozen. Property can sit empty, unable to be tenanted or sold until a Grant of Probate has been issued.
For farming families or closely held companies, the delay can ripple outward. Employees, suppliers, and even customers may be left in limbo while the estate is finalised.
We have seen firsthand the effect that probate delays can have on families and executors. When we advise executors on probate requirements, these delays are front of mind and we do what we can to make the process smooth and expeditious.
How to reduce delays
While no one can eliminate probate delays entirely, careful preparation and communication can significantly shorten them.
Here’s how individuals can assist their executors to make a probate application quickly and smoothly:
- Have a clear, up-to-date Will: Wills that are professionally drafted are less likely to attract requisitions from the court and will minimise additional information that needs to be provided in support of the application. In our experience, very few self-made Wills get through a probate application without any issue. Yes, this includes Will kits and online Wills!
- Appoint capable executors: Executors who understand their role and can act promptly prevent months of drift. Choose wisely.
- Keep investment and business documents organised: Shareholder agreements, trust deeds, and succession plans give executors a clear roadmap for action. An organised record of what you own and how you own it can help reduce the amount of enquiries your executors have to make.
For executors, our top tips are:
- Communicate early and often: When beneficiaries understand that probate takes time, they’re more likely to stay patient and cooperative.
- Seek professional guidance: A lawyer who can explain the process, anticipate hurdles, and liaise with the Court and asset-holders can make a world of difference. If you are asking yourself, “what do I do?“, we can help!
Need help streamlining probate? Call us on 1300 654 590 or email us to discuss your situation.
The value of guidance
We regularly guide executors through probate, helping them anticipate delays and respond efficiently when they arise. We know how to liaise with banks, registries, and investment houses and we also understand the added layer of urgency when a family business is involved. Our goal is always to shorten the process where possible, reduce uncertainty, and give families the confidence that matters are in safe hands.
Delays in probate are common, but they do not have to become crises. With the right planning and the right guidance, the waiting period can be minimised and estates can be managed efficiently.
Call us on 1300 654 590 or email us to discuss how we can help you navigate probate and protect your family’s future.
The information contained in this post is current at the date of editing – 22 October 2025.
