How Long Does It Take to Get Inheritance Money in Australia?

Losing a loved one is an incredibly emotional time, and in addition to wading through the grief, there are often practical matters that need attention, such as the distribution of their estate. For many families, the process of receiving an inheritance can feel overwhelming, especially when you are uncertain about how long it might take. This is a common question for beneficiaries, and the answer can vary depending on a number of factors, including the complexity of the estate and legal proceedings involved.

In this article, we’ll walk you through what to expect during the inheritance process, how long it typically takes to receive inheritance money in Australia, and the key factors that could impact the timeline. By understanding the steps involved and knowing what to anticipate, you can navigate this challenging time with a little more clarity and peace of mind.

The Probate Process: The First Step

In Australia, before any inheritance money is distributed, the executor of the deceased's will must obtain a grant of probate. Probate is a legal process in which the Supreme Court confirms the validity of the will, granting the executor the legal authority to administer the estate. In Queensland, this process is governed by the Succession Act 1981 (Qld) and the Uniform Civil Procedure Rules 1999 (Qld).

Once probate is granted, the executor can start dealing with the estate's assets, paying off any debts, and distributing the remaining assets to the beneficiaries. However, this process can take some time, especially if there are complications.

Typical Timeframe

The probate process typically takes anywhere from a few weeks to several months, depending on factors such as:

Complexity of the estate
Efficiency of the executor
Presence of disputes or challenges

In Queensland, it is not uncommon for probate to take around 3 to 6 months to complete. However, this can extend if the executor encounters any legal challenges or disputes over the will.

Factors That Can Delay Receiving Inheritance Money

Several factors can delay how long it takes to get inheritance money in Australia:

Complex Estates.
Estates with multiple assets, such as properties, shares, or businesses, can take longer to finalise. Each asset must be valued and dealt with according to the will or the intestacy rules (if there is no will).
Outstanding Debts.
Before inheritance money can be distributed, any outstanding debts or taxes owed by the estate must be paid. This can sometimes be a lengthy process, particularly if the estate's financial situation is complex.
Disputes and Challenges.
If there are disputes over the validity of the will or if someone contests the will, this can significantly delay the distribution of inheritance money. A challenge to a will is usually lodged by someone who believes they were unfairly left out or not sufficiently provided for under the will.
Family Provision Claims.
In Queensland, under the Succession Act 1981 (Qld), eligible family members can make a family provision claim if they feel they have not been adequately provided for. Such claims can delay the distribution of the estate, as the court must resolve these claims before any assets are distributed.
Executor's Efficiency
The executor plays a key role in ensuring the estate is administered efficiently. If the executor is not proactive or experiences difficulties in managing the estate, this can cause delays.

How Long Does It Take to Get Inheritance Money in Australia?

The overall time it takes to get inheritance money in Australia can vary greatly depending on the specific circumstances of the estate. On average, beneficiaries may expect to receive their inheritance within 6 to 12 months after the death of the person whose estate is being distributed.

However, in cases where the estate is complex or disputes arise, it is not uncommon for the process to take longer, sometimes extending up to two years or more.

In Queensland, the executor is generally allowed 12 months from the date of death to distribute the estate's assets, known as the "executor’s year." If the executor takes longer than this, beneficiaries may be able to seek further legal advice or action.

Can You Speed Up the Process?

In some cases, there may be steps beneficiaries can take to help speed up the inheritance process:

Communication with the Executor: Keep in touch with the executor to stay informed about the progress of the estate. Clear and open communication can help address any issues promptly.
Legal Assistance: If the process is taking longer than expected or there are delays due to disputes, seeking legal advice may be beneficial. A family lawyer can provide guidance on how to resolve issues more efficiently.
Avoiding Will Contests: If you are an executor, encouraging open family discussions about the will before the person’s death may help avoid future disputes that could delay the distribution process.

What to Expect if You Are Waiting for Inheritance Money

If you are a beneficiary waiting to receive your inheritance, it's essential to manage your expectations regarding timing. While it is natural to want to receive your share of the estate quickly, the legal process of administering an estate can be time-consuming.

How Long Does It Take to Get Inheritance Money in Australia: Final Thoughts

Navigating the inheritance process can be emotionally taxing, especially while grieving the loss of a loved one. How long it will take to receive inheritance money in Australia varies depending on factors like the complexity of the estate, the presence of a Will, and whether there are any disputes. While it can be a lengthy process, having the right guidance can provide clarity and peace of mind during a difficult time.

At Pullos Lawyers, we understand how challenging this period can be, and our experienced team is here to guide you through the legal complexities with compassion and expertise. Whether you're dealing with wills and estate planning, or property settlements, we are here to help. Contact us today to discuss your unique situation, and let us assist you in navigating the inheritance process smoothly and efficiently.