Most probate delays in NSW are not caused by family fights or complicated estates. They come from small, avoidable errors: an uncertified death certificate, a missing asset on the inventory, a requisition left unanswered for weeks. Each one sends the file back to the Supreme Court queue and adds time before an executor can sell property, close accounts or pay beneficiaries.
This guide draws on the experience of probate lawyers in Sydney NSW executors turn to when an application stalls. It sets out the nine mistakes we see most often, why each one causes trouble, and what to do instead. Whether you plan to apply yourself or hand the work to a solicitor, knowing these traps will save you time, money and stress.
Table of Contents
Key Takeaways
Why Probate Applications in NSW Get Delayed
Since August 2023, most uncontested applications for a grant of probate have been filed online through the NSW Online Registry. Every application is checked by a registrar. If something is missing or unclear, the registrar issues a requisition, a formal request for more information, and the application waits until the executor responds.
Demand on the registry has grown. In a statement released on 21 July 2025, the Chief Justice of NSW said probate applications rose by about 13.5% between 2020 and 2024. The same statement reported that average processing time had fallen from 83 to 60 business days, but that more than 2,000 requisitions were still unanswered as at June 2025.
The court’s own figures show how much a clean application matters. According to the Supreme Court’s published processing times for the week of 19 to 23 October 2026:
| Type of matter | Filing dates being assessed that week |
| Probate, reseal, letters of administration with the will annexed | 9 to 15 October 2026 |
| Answers to requisitions (routine) | 10 to 16 October 2026 |
| Letters of administration | 13 August to 1 September 2026 |
| Complex applications (informal wills, copies of wills and similar) | 8 to 27 September 2026 |
A routine, complete probate application was being looked at within about two weeks of filing. A copy-will or informal-will application filed in early September was still waiting. Each mistake below either pushes your file into the slower queue or sends it back for a requisition.
Mistake 1: Waiting Too Long to Apply
Executors should apply for probate within six months of the date of death. After that, the court expects an explanation for the delay, usually set out in the executor’s affidavit or a separate affidavit of delay. A late application is not fatal, but an unexplained or poorly explained delay invites a requisition.
What to do instead: Start gathering documents in the first few weeks. Publish the online Notice of Intended Application ($59 from 1 July 2026) as soon as you have the asset details, then file after the compulsory 14-day waiting period. If a coronial inquiry or a missing document is holding things up, record the dates and reasons as you go so the explanation is easy to write later.
Mistake 2: Filing a Copy of the Will, or the Wrong Will
The court needs the original signed will. The Chief Justice’s statement specifically noted photocopies being filed instead of originals, and copy-will applications filed without supporting evidence. Copy-will and informal-will applications sit in the complex queue, which was running more than a month behind routine matters in October 2026.
What to do instead: Find the original before you start. Check the deceased’s papers, their solicitor’s safe custody, their bank’s safe deposit box and the NSW Trustee & Guardian. Ask whether a later will or codicil exists. If only a copy can be found, get advice early, because the application will need affidavit evidence about the search and why the original cannot be produced.
Mistake 3: Uncertified Documents and Affidavit Errors
Two of the most basic errors named by the court are death certificates not certified as the Supreme Court Rules 1970 (NSW) require, and affidavits that do not show whether the person swore an oath or made an affirmation. Both are easy to fix and both trigger requisitions.
What to do instead: Use the certification wording the court requires, and have the affidavit witnessed by an authorised person who records whether you swore or affirmed. Before uploading, check every page against the court’s checklist rather than relying on the online form to catch errors.
Mistake 4: Getting the Inventory of Property Wrong
The inventory lists the deceased’s assets and liabilities, and its gross value sets the court filing fee. From 1 July 2026, fees range from nil for estates under $100,000 to $7,399 for estates of $5 million or more. Common inventory errors include missing small bank accounts, guessing property values, and wrongly treating jointly held assets or superannuation as estate assets.
What to do instead: Write to every bank and asset holder for date-of-death balances. Get a written market appraisal for real estate. Remember that property held as joint tenants passes to the survivor and that superannuation is paid under the fund’s rules, not the will, unless it is paid to the estate. Disclose these items correctly rather than adding them to the estate’s value.
Mistake 5: Applying for the Wrong Grant
The Chief Justice’s statement also flagged applicants misreading the terms of a will or misunderstanding who has standing to apply. A named executor who has died, renounced or lost capacity cannot simply be replaced by a family member on a probate application. Depending on the facts, the right application may be letters of administration with the will annexed, or letters of administration where there is no valid will.
What to do instead: Read the executor clause closely. Check whether every named executor is alive, willing and able to act. If an executor will not act, they can sign a renunciation. If there is any doubt about the right grant, settle it before you file, because a wrong choice usually means starting the application again.
Mistake 6: Sitting on Requisitions
A requisition is not a refusal. It is the registrar asking for something specific. The problem is delay. In its July 2025 statement, the court said it was considering replies to requisitions within five to ten working days of receipt, yet more than 2,000 requisitions sat unanswered as at June 2025, some for over two months. The Supreme Court’s probate page also makes clear that replies to requisitions are not expedited.
What to do instead: Treat a requisition as urgent. Read it carefully, answer every point in one reply, and attach any new affidavit or certified document it asks for. If you do not understand what the registrar wants, that is a good point to get legal help, because a second requisition costs more time than the first.
Mistake 7: Distributing the Estate Too Early
Beneficiaries often push for payment as soon as probate is granted. Paying out too early is one of the most expensive mistakes an executor can make. Eligible people have 12 months from the date of death to bring a family provision claim under the Succession Act 2006 (NSW). If an executor has notice of a claim and distributes anyway, they risk being personally liable.
The protection for executors is set out in section 92 of the Probate and Administration Act 1898 (NSW) and section 93 of the Succession Act 2006. In summary, the executor publishes a Notice of Intended Distribution on the NSW Online Registry, waits at least 30 days, and does not distribute until six months after the date of death. If no notice of a claim has arrived by then, the executor is generally protected for that distribution.
What to do instead: Publish the notice, diarise the dates and explain the timeline to beneficiaries in writing. If someone has already hinted at a claim, hold the estate until the 12-month period passes or the claim is resolved.
Mistake 8: Overlooking Tax Returns
Tax does not stop at death. The Australian Taxation Office explains that an executor may need to lodge a “date of death” return covering 1 July to the date of death, plus any outstanding returns from earlier years. Income the estate earns after death, such as rent or interest, is reported separately in a trust tax return for the deceased estate.
The ATO is direct about the risk: provide for any tax owing before you distribute assets, or you may be personally liable.
What to do instead: Notify the ATO of the death early and get recorded as the legal personal representative. Ask the deceased’s accountant which returns are outstanding. Keep enough money in the estate to cover tax, and any capital gains tax on property sales, until the returns are finalised.
Mistake 9: Mixing Estate Money With Your Own
An executor holds estate assets on behalf of the beneficiaries. Paying estate money into a personal account, or paying estate bills from your own funds without records, makes it hard to account to beneficiaries and can lead to disputes or claims of breach of duty.
What to do instead: Open a dedicated estate bank account once you have the grant. Run every receipt and payment through it, keep invoices and receipts, and prepare a simple statement of account before final distribution. If you have paid estate expenses yourself, such as funeral costs, keep the receipts so you can be reimbursed properly. The same care applies when transferring property from a deceased estate to a beneficiary.
A Common Scenario (Illustrative)
An executor in the Inner West files a probate application using a photocopy of her father’s will, because the original is with a suburban solicitor who has since retired. The registrar issues a requisition asking for the original or evidence explaining why it cannot be produced. She takes six weeks to track down the retired solicitor’s file, and the application is reassessed in the queue for answers to requisitions. Meanwhile, the buyer for her father’s apartment is waiting on settlement.
Had she tracked down the original through the retired solicitor’s successor practice before filing, the original would most likely have been lodged the first time and the application handled in the routine queue.
When to Bring In a Probate Lawyer
Many NSW executors complete simple applications themselves. Legal help is worth considering when:
In NSW, the solicitor’s professional costs for obtaining a first grant are regulated and based on the gross value of the estate, and they are paid from the estate. Empower Probate Lawyers in Surry Hills works only in probate and estate administration. It offers a free initial consultation and defers fees in most matters until estate funds are available.
Frequently Asked Questions
What is a probate requisition in NSW?
A requisition is a written request from a Supreme Court registrar for more information or corrected documents before a grant can be made. It is not a refusal. The application waits until the executor replies, so answering quickly and completely is the best way to limit the delay.
How long does probate take in NSW in 2026?
After the 14-day notice period, a complete, routine application was being assessed within about one to two weeks of filing in October 2026. Complex applications, such as copy wills and informal wills, were taking more than a month longer. Requisitions add further time.
Can an executor be personally liable in NSW?
Yes. An executor can be personally liable if they distribute the estate while on notice of a family provision claim, distribute before providing for tax owing, or mismanage estate assets. Following the Notice of Intended Distribution process and keeping clear records reduces that risk.
Can an executor distribute an estate before six months in NSW?
They can, but they lose the statutory protection that applies after six months and a 30-day Notice of Intended Distribution. If a family provision claim is later made, the executor may have to answer for the distributed assets.
Do I need a lawyer to apply for probate in NSW?
No. Executors can apply online themselves. A probate lawyer is advisable where the will is unclear or missing, the right grant is uncertain, a dispute is likely or you have received a requisition you cannot resolve.
What happens if I apply for probate after six months in NSW?
You can still apply, but you must explain the delay, usually in your affidavit or in a separate affidavit of delay. A clear, dated explanation helps avoid a requisition.
Get the Application Right the First Time
Probate delays are rarely about the law itself. They come from paperwork, timing and treating the grant as the finish line rather than the halfway mark. Find the original will, certify every document, value the estate carefully, answer requisitions fast and hold off on distribution until you are protected. If any part of your estate looks complicated, a short conversation with experienced probate lawyers in Sydney, NSW can save months of back and forth with the registry.
