Can You Sell Property Before Probate Is Granted in NSW?

Can you sell property before probate in NSW?

You can start the sale and usually sign a contract before probate in NSW, but you cannot complete it. Settlement has to wait for the grant.

An executor named in a will draws their authority from the will itself, so they can appoint an agent, have the property appraised and sign a contract while the probate application is with the Supreme Court. NSW Government guidance treats selling as part of administering the estate once the grant is made, which is why any contract signed earlier must make settlement depend on the grant. If there is no will, or no executor able to act, an administrator has no authority until letters of administration are granted, so the contract generally waits.

Two NSW rules shape the sale from the start:

• A contract must be ready before advertising. In NSW a contract of sale must be prepared by a lawyer or licensed conveyancer before the property is advertised, so the executor's conveyancer prepares it early.
• The price must be fair. An executor must sell for a fair market price. Beneficiaries can take action to recover the shortfall if property is sold below market value.

For how a sale before probate works in general, including the factors to weigh and the contract structure, see our guide to selling a deceased estate property before probate.

How long does probate take in NSW?

NSW probate is a multi-step process, and the Supreme Court publishes its processing times each week. In mid-October 2026 the Court was assessing probate applications filed about two to four weeks earlier, while letters of administration were taking considerably longer.

Processing times change, so check the Supreme Court's current figures when you set the settlement clause. An incomplete or unclear application is the most common avoidable delay, because the Court will issue requisitions and only process the grant once the information is complete.

Exchanging contracts before the grant in NSW

Exchanging before the grant is common in NSW, provided the contract deals properly with timing. The standard contract assumes the seller can settle on a fixed date, so a deceased estate sale needs special conditions.

• Vendor details. The vendor is described as the executor of the estate of the deceased, and every executor applying for the grant signs.
• Settlement linked to the grant. Settlement is commonly set as the later of a stated date or a set number of days after the grant is issued and a copy is given to the buyer.
• A long-stop date. Either party can end the contract and the deposit is refunded if the grant has not issued by an agreed date.
• Evidence for the buyer. The buyer's conveyancer will usually ask for the probate notice details or filing number before exchange.

Residential buyers in NSW still have their usual cooling-off rights unless they are waived, and the deposit is held in trust until settlement. Your residential sale conveyancer drafts the special conditions and manages exchange. Conveyancing rules across the state are summarised on our NSW conveyancing page.

Can you ask the Supreme Court to speed up probate after selling?

No, not because the executor has already sold. The Supreme Court of NSW states that requests for expedition by executors or administrators who sell real estate without having first obtained a grant will not be entertained.

The Court does consider expedition in some other circumstances, such as where the deceased sold a property before they died and it is due to settle soon, where the estate is involved in litigation, or where the only person entitled is a surviving spouse or minor child facing financial hardship. Even then, the Court will not consider an expedition request until the 14 day period after the probate notice has passed.

The practical lesson is to set the settlement clause using the Court's published processing times plus a margin for requisitions, rather than hoping the grant can be hurried.

Transmission applications through NSW Land Registry Services

Once the grant issues, the executor is registered on the title through a transmission application lodged with NSW Land Registry Services. That is what allows the executor to transfer the property to the buyer at settlement.

• The form. A transmission application by an executor, administrator or trustee (form 03AE) registers the legal personal representative as owner under section 93 of the Real Property Act 1900. No stamp duty is payable on the transmission itself.
• The evidence. It must be supported by the grant of probate or letters of administration, or a certified copy. A death certificate is not an acceptable substitute.
• Interstate grants. A grant made in another state must be resealed by the Supreme Court of NSW before it can be used for NSW land.
• Electronic lodgment. The transmission is generally lodged electronically, and in a sale it is usually lodged with the transfer to the buyer at settlement through an electronic settlement.

If a beneficiary is keeping the property instead of selling it, the title can be moved into their name instead. Transfers to a beneficiary under the will can attract concessional duty; see our guide to NSW deceased estate transfer duty concessions.

Survivorship: selling when the property was owned as joint tenants

If the deceased owned the property as a joint tenant, probate is not needed for it. The surviving joint tenant already owns the whole property by survivorship and only needs to update the title.

In NSW the survivor lodges a Notice of Death (form 02ND) under section 101 of the Real Property Act 1900, supported by evidence of death such as the death certificate. No stamp duty is payable on the notice. Once it is registered, the survivor can sell in their own name on an ordinary contract, with no grant-related conditions.

Tenants in common are different. The deceased's share forms part of their estate, so the executor needs a grant for that share, and the co-owner and executor sell together. Our guide to what happens to a jointly owned property when one owner dies explains both forms of ownership.

When can the sale proceeds be distributed in NSW?

Settling the sale does not mean the money can go straight to the beneficiaries. In NSW an executor should not distribute the estate until the grant has been made, debts have been paid, and at least 30 days have passed since a Notice of Intended Distribution was published, and generally not earlier than 6 months after the death.

Those waiting periods allow time for creditors and for any family provision claims. Distributing early can leave the executor personally liable if a claim later succeeds. Executors may also need to lodge tax returns for the estate before distributing, and accounting advice is worthwhile on any capital gains tax position.

If being executor is too much, the role can be renounced before the grant, and NSW Trustee and Guardian can take over the administration. For the remaining estate tasks once the property has sold, see our checklist for selling a deceased estate property.

Frequently asked questions

This guide is general information, not legal or financial advice. Rules, fees and timeframes change and differ between states, so confirm your own situation with a licensed conveyancer, settlement agent or solicitor.