Small Estate Process: How Long It Takes and the Stages

A small estate is an administrative route rather than a full court proceeding. That is why it is usually faster and cheaper. But faster here means relative to probate, not finished in a few weeks.

The stages of the application

• Gather documents. Death certificate, identity documents of the deceased and beneficiaries, the title, and proof of family relationships.
• Searches and verification. Official title search to confirm the state of the property, charges and caveats.
• Identify beneficiaries. Establishing who is entitled under the law applicable to the deceased.
• File the application. The application form and supporting documents are submitted.
• Notice and hearing. All beneficiaries are given notice. A hearing is held to determine the distribution.
• Distribution order. The order is issued setting out how the estate is divided.
• Registration. The transfer to the beneficiaries is registered at the land office. Only then does the title change name.

What most often causes delay

• Beneficiaries who cannot be traced, are overseas, or will not engage
• Beneficiaries who do not agree with the proposed distribution
• The original title is lost and has to be replaced first
• Incomplete death certificates or identity documents
• A beneficiary who died after the deceased, creating an overlapping estate
• Property spread across several districts or states

Why not to put it off

Every year that passes adds difficulty. Beneficiaries die and add a further layer of estate. Documents go missing. Family members move and contact is lost. A case that would have been straightforward five years after death can be complicated fifteen years later.

After the order is obtained

The distribution order does not by itself change the name on the title. The transfer still has to be registered. If the beneficiaries later want to sell, that sale is a separate matter with the usual conveyancing costs and gains tax considerations.

Frequently asked questions