The probate process step by step
From death to distribution, the probate process has six main stages. Here's what to expect at each.
The probate process involves locating the will, notifying beneficiaries, applying for the grant, collecting assets, paying debts, and distributing the estate. Most estates take 6 to 12 months from death to final distribution.
Step 1: Locate the will and notify beneficiaries
The executor locates the original will – often in a safe deposit box, at the deceased's solicitor, or filed with the Registrar-General. The executor then notifies named beneficiaries and immediate family of the death and their general position.
Step 2: Gather information
The executor compiles an inventory of assets – property, bank accounts, shares, super, vehicles, insurance, personal belongings – and liabilities (mortgages, tax, credit cards, funeral costs). This usually takes 4-6 weeks.
Step 3: Apply for probate
The solicitor prepares the application and files it with the Supreme Court. Grant typically issues in 4-8 weeks after clean filing.
Step 4: Collect assets and pay debts
With the grant in hand, the executor closes accounts, transfers property, and liquidates investments as appropriate. Debts are paid in priority order – funeral costs, testamentary expenses, preferred creditors, unsecured creditors.
Step 5: File tax returns
A final personal return for the deceased, and an estate return for income earned during administration. This usually requires an accountant.
Step 6: Distribute the estate
Remaining assets are distributed to beneficiaries per the will. The executor provides a final accounting to beneficiaries. Typically 6-12 months from death.
Summary
From death to distribution, the probate process has six main stages. Here's what to expect at each.
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Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.