Recent concerns from the Supreme Court of New South Wales highlight the importance of engaging experienced probate lawyers from the outset of an estate administration matter, writes Wills and Estates Partner, Angela Harry.
The Chief Justice of New South Wales recently raised concerns about mounting delays in the processing of probate and letters of administration applications.
The Honourable A.S. Bell said that probate applications rose by 13.5 per cent between 2020 and 2024, putting significant pressure on court resources.
To reduce the backlog, the court has created new Deputy Registrar positions and allowed the Chief Judge in Equity to personally address complex probate applications, freeing up registrars and deputy registrars to focus on more straightforward applications.
But there are also challenges out of the court’s control that continue to cause significant delays, affecting grieving families waiting to receive the assets of a deceased loved one.
According to the chief justice, some of the delays stem from legal practitioners filing incomplete applications. Errors include submitting improperly certified documents, missing evidence, misreading the terms of a Will or misunderstanding who has standing to apply for a grant.
There is also a growing backlog of unanswered court requests asking for more details or corrections to probate applications. These requests, known as “requisitions,” are sent when the court needs extra information before it can approve a Will.
As of June 2025, more than 2,000 of these requests were still waiting for a response – and hundreds had been sitting unresolved for over two months.
The NSW Supreme Court has also introduced a new protocol to address disproportionate legal costs in probate matters, implementing cost-capping orders for estates valued under $1.5 million. This measure will help ensure more of the estate reaches the intended beneficiaries, rather than being consumed by excessive legal fees.
The Queensland Supreme Court is usually quicker in turning around the grants of probate compared to New South Wales, with the average time to issue the grants around 8-10 weeks, depending on workload and the number of applications.
Rather than engaging a generalist lawyer or going it alone, being guided by a specialist estate administration lawyer who truly understands the intricacies of probate applications can help you get a Will through probate as quickly as possible and protect the estate’s value.
The timeline for probate applications
The process of obtaining a grant of probate in NSW typically takes twelve to fourteen weeks from the date of death. However, incomplete applications, requisitions, and administrative delays can lead to delays, causing frustration and financial hardship for beneficiaries who may be waiting to access funds for immediate expenses or ongoing commitments.
Once a grant of probate is obtained, executors can commence calling in assets, paying debts, and beginning the distribution process. However, delays in obtaining the grant can extend estate administration beyond what is necessary.
While it’s not a legal requirement to engage a lawyer when applying for probate, the reality makes professional guidance increasingly crucial in order to have the grant issued as quickly as possible.
Even executors with good intentions and organisational skills can find themselves overwhelmed by the technical requirements and potential pitfalls of probate applications.
Although the probate application process has come a long way since Charles Dickens lambasted the High Court of Chancery and the probate cases in Bleak House, it remains a very specialised area of legal practice that retains remnants of its English origins.
Administering a deceased person’s estate involves strict legal requirements that must be satisfied, and the consequences of getting it wrong can be significant. Executors can be held personally liable for mistakes, making the stakes incredibly high for those attempting the process alone.
The elements of successful probate applications
Delays in obtaining grants may mean:
- Assets remain frozen while beneficiaries may need immediate access to funds,
- An accumulation of ongoing estate administration costs,
- Missed investment opportunities as assets sit idle,
- A deterioration of family relationships under the stress of prolonged uncertainty, and
- In some extended cases, a decline in asset values.
Several factors can improve the chances of a probate application proceeding smoothly.
Having a current Will that clearly identifies assets, liabilities, beneficiaries, and contact details lays the foundation for a successful application.
Executors who understand the scope of their responsibilities and have the capacity to fulfil them are also more likely to see their applications progress efficiently.
And engaging specialist probate lawyers from the outset ensures procedural requirements are understood and followed correctly. Taking a proactive approach here helps prevent the mistakes that lead to requisitions and delays.
The new cost-capping measures for smaller estates demonstrate the court’s recognition that disproportionate legal costs can consume an estate’s value. However, engaging experienced lawyers from the beginning often proves more cost-effective than attempting corrections after problems arise.
When specialised legal help makes the difference
Probate law requires specific expertise that general legal practitioners may not possess.
Experienced probate lawyers can assist with:
- Ensuring all required documents are properly prepared and certified,
- Correctly interpreting Will provisions and identifying all relevant parties,
- Preparing comprehensive asset and liability schedules,
- Addressing potential complications before they cause delays,
- Responding promptly and accurately to any court requisitions, and
- Managing family dynamics and potential conflicts that might impact applications.
The current challenges facing NSW probate courts are a clear reminder that proper preparation and expert guidance are essential for successful probate applications. While the court system works to address capacity issues, executors and their legal representatives must do their part by submitting complete, accurate applications that meet all requirements.
The process doesn’t have to be overwhelming when you have the right support. With proper legal guidance, probate applications can proceed smoothly, allowing families to focus on what matters most during difficult times.
Attwood Marshall Lawyers – supporting you through life’s most challenging times
Attwood Marshall Lawyers has a specialist estate administration team that has the state-specific knowledge and expertise to assist you with all aspects of deceased estate administration.
We can help executors meet their duties, ensure compliance with probate laws, resolve disputes before they escalate, and intervene when mistakes have been made.
Whether you need help obtaining a grant of probate, handling cross-border estate matters, or fixing administrative errors that threaten to derail the process, having a probate lawyer by your side is crucial.
Please get in touch with our Wills and Estates Department Manager, Donna Tolley, on direct line 07 5506 8241 or email dtolley@attwoodmarshall.com.au for an appointment to discuss your matter.
Our lawyers are available for appointments at all our conveniently located offices at Coolangatta, Southport, Robina Town Centre, Kingscliff, Brisbane, Sydney and Melbourne.
