Why Probate Applications in NSW Are Delayed & How to Avoid a Requisition to Obtain Probate

Introduction

Obtaining a grant of probate is a critical step for an executor in New South Wales, as it legally validates the will and provides the authority to administer the deceased’s estate. The process can be unexpectedly delayed if the Supreme Court of NSW issues a requisition, which is a formal request for corrections or additional information regarding the probate application. These delays can stem from simple errors, such as incorrect dates, or from more complex issues like disputes among beneficiaries.

This article explains the most common reasons a probate application is delayed and provides practical steps for executors to help them avoid a requisition. For those looking to apply for probate, understanding these potential pitfalls is key to ensuring the process is as smooth as possible, allowing you to obtain probate and administer the estate efficiently.

Interactive Tool: Check Your Risk of Probate Application Delays & Requisitions

Understanding Probate & The Timeline for Executors in NSW

The Legal Process to Prove a Will & Authorise the Executor

Probate is the legal process where the Supreme Court of NSW formally recognises a will as valid. A grant of probate confirms that the document represents the final testamentary instructions of the person who has passed away.

This court order gives the executor the legal authority to administer the estate. Once probate is granted, the executor can move forward with their duties, which include:

• Collecting and managing the assets of the estate
• Paying any outstanding debts owed by the deceased
• Distributing the remaining assets to the beneficiaries as specified in the will

Expected Timeframes from Lodgement to the Final Grant

Generally, an executor can expect a grant of probate to be issued within 10 to 12 weeks from the date the application is lodged with the Supreme Court. This timeframe assumes all the submitted paperwork is accurate and complete.

Court processing times can change, particularly when there is a high volume of applications. For instance, the Supreme Court of NSW experienced delays in July 2026 due to the large number of probate applications received and the limited availability of Registrars to assess them. An accurate probate application prepared with guidance from experienced probate and estate administration lawyers is less likely to face these kinds of setbacks.

What is a Probate Requisition & How It Impacts Your Application

The Supreme Court’s Request for Additional Information or Corrections

When a probate application is lodged with the Supreme Court of NSW, it undergoes a detailed review. If the court finds the application to be incomplete, inaccurate, or in need of clarification, it will issue a probate requisition. This action halts the probate process until the executor addresses the court’s concerns.

A requisition is a formal, one-page notice that lists specific problems with the application. It forces the executor to file further documents or amend the existing paperwork, which may result in additional court fees. A requisition can be triggered by various issues, including:

• Incorrect information in the application;
• An unexplained mark on the will, such as a staple mark that raises questions about missing pages.

The Case of Re Estate of Max Frederick Dippert (2001) & Responding to the Court

An important lesson on how to handle a requisition comes from the 2001 case of Re Estate of Max Frederick Dippert. In this matter, the court reprimanded a firm of solicitors for sending a lengthy request for more details about a requisition they had received.

The court made it clear that applicants and their legal representatives cannot ask the court to explain a requisition further. If you are unsure how to respond to the court’s request, the correct procedure is to consult with legal counsel for advice. Attempting to “interrogate” the court is not the appropriate way to proceed and will only cause more delays for the estate.

Common Issues That Delay a Probate Application for Executors

Incomplete Forms & Unexplained Marks on the Original Will

A significant portion of delays in probate applications—around 20–25%—stem from incomplete or incorrect information. Errors such as wrong names or addresses can cause an application to be halted, as the Supreme Court of NSW has exacting standards for these documents to be complete.

Even minor issues with the original will can lead to a court-issued requisition. For instance, an unexplained staple mark might raise concerns for the court that a page is missing. This requires the executor to provide a formal explanation, often in a sworn affidavit, before the probate application can proceed.

Disputes Among Beneficiaries & Complex Family Dynamics

Disagreements among beneficiaries or executors are a frequent cause of delay, affecting 15–20% of probate applications. If the will is contested or there is a conflict over how the estate should be distributed, the court process can be paused until the issues are resolved. These disputes can sometimes lead to extended legal battles.

Complex family situations, such as blended families or estranged relatives, can further complicate matters. These dynamics, present in 5–10% of cases, may create confusion over inheritance rights and contribute to conflicts that delay the grant of probate.

Missing Executors & Complications with Overseas Assets

The probate process can be held up if an appointed executor:

• cannot be located;
• is unwilling to act; or
• does not respond to communications promptly.

Delays of this nature occur in approximately 8–12% of applications, as the court must account for all named executors before granting probate.

Estates involving overseas assets or beneficiaries also face a higher likelihood of delay, affecting 10–15% of cases. Managing assets in different jurisdictions introduces additional legal complexities and requirements. An executor must handle these international elements correctly, which can add considerable time to the probate process in NSW.

A Checklist for Executors to Avoid Requisitions & Speed Up the Process

Gathering the Original Will & Death Certificate

The first step in preparing a probate application is to locate the essential documents. You must submit the original will and death certificate, as copies are not accepted by the court.

Before lodging the application, inspect the will for any physical damage. If the document is torn, marked, or otherwise damaged, you are required to provide a sworn affidavit. This formal statement must give a detailed explanation of how the damage occurred.

Verifying Names Dates & Exact Wording on All Documents

Accuracy is critical to prevent the court from issuing a requisition. Carefully check that all dates on your probate application are correct and match the information on the will and the death certificate. Any inconsistencies will cause delays.

You must also verify that the names of the deceased, executors, and beneficiaries are complete and correct. Pay close attention to any aliases or alternative names. It is common for individuals to use an anglicised name on some documents while their full legal name appears on others, such as land titles.

Addressing Unusual Circumstances & Publishing Notices Early

If there are any unusual circumstances surrounding the death, you must address them in the application. For instance, if the person passed away overseas, a sworn affidavit is needed to provide extra details, such as how the body was identified.

You are also required to publish a Notice of Intention to Apply for Probate on the NSW Supreme Court’s online registry. It is advisable to do this early in the process. The formal probate application cannot be filed until at least 14 days have passed from the date the notice is published, allowing time for any creditors to come forward.

Conclusion

Delays in obtaining probate in NSW are frequently caused by avoidable errors, such as incomplete forms, disputes between beneficiaries, or unexplained marks on the original will. An executor can reduce the chance of receiving a court requisition by ensuring every detail in the probate application is accurate and complete.

While careful preparation helps, engaging a professional is the most effective way to handle the complexities of a probate application and administer an estate. If you need to apply for probate and want to avoid unnecessary stress, contact the experienced wills and estate lawyers at LawBridge for expert legal advice.

Frequently Asked Questions