Applying for a grant within seven or fourteen days after death

A grant of probate (where there is a will and executors) will not be issued within seven days of death. The same applies for a grant of letters of administration with will annexed (where there is a will but no executors).

A grant of administration (where there is no will) will not be issued within fourteen days of death.

Caveats

The reason for these mandatory periods is to allow time for a caveat to be lodged.

A caveat is a notice which prevents a grant of representation being issued to another person. Caveats are relatively rare, as most probates are completed without dispute or significant difficulty. Nevertheless, the seven or fourteen day rule applies to all estates, just in case.

(Note that a caveat may be lodged at any time prior to the issuing of a grant, not just within fourteen days after death.)

Compelling reasons to issue a grant

There is one exception to the rule. If there are “compelling reasons”, an application may be made to a probate registrar or district judge to issue the grant early. This may be to commence or defend legal proceedings or where there is an urgent need to administer some part of the estate. Such applications are rare.

Probate can take a long time

For many people the rule is not too significant, as few personal representatives need to (or are able to) apply for the grant within the first two weeks. Indeed, it can be many weeks or months until the personal representatives apply for the grant, if a grant is required at all.