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.
Why probate takes time
Even the most straightforward estates can take more than three months to obtain probate. Courts face backlogs. Executors may take time gathering documents. Asset-holders like banks or share registries often still insist on hard copies and wet signatures, which slows everything down.
And when executors are juggling grief, work, and family responsibilities, progress can easily stall. Each small delay compounds into weeks or months of waiting.
Common causes of delay
Delays rarely stem from just one factor. Some of the most common include:
- Court processing times: Applications can sit in queue for weeks, especially if the court issues requisitions requiring clarification.
- Administrative hurdles: Financial institutions and registries may have outdated processes or differing requirements.
- Executor inexperience: Executors who are grieving, time-poor, or unsure of their responsibilities can unintentionally create delays.
Each of these can add layers of complexity to an already emotional process.
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.
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.
How families can reduce delays
While no one can eliminate probate delays entirely, careful preparation and communication can significantly shorten them.
Here’s how to stay ahead:
- Have a clear, up-to-date Will: Wills that are well-drafted are less likely to attract requisitions from the court.
- Appoint capable executors: Executors who understand their role and can act promptly prevent months of drift.
- Keep business documents organised: Shareholder agreements, trust deeds, and succession plans give executors a clear roadmap for action.
- 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 courts and asset-holders can make a world of difference.
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 courts, banks, and registries, 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, families and businesses can weather the waiting period and emerge with their legacy intact.
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.
