This is general information from a clearance crew, not legal advice. Every estate is different. For your situation, speak to the solicitor handling the estate or to NSW Trustee and Guardian.
Executors ask us this every week, often with the agent already waiting to list. The short answer is that there is no rule in NSW that says the house cannot be emptied before probate is granted, and many families clear the home before probate when the property is going to market. Whether you should depends on who is in charge, whether everyone agrees, and what is in the house. Here is how we see it from the clearances we do for executors across Sydney.
What probate is
Probate is the Supreme Court of NSW confirming that a will is valid and that the executor named in it has authority to deal with the estate. Banks, share registries and the land titles office generally want to see it before they will release money or transfer property. Not every estate needs it. Small estates, or assets held jointly, can sometimes be dealt with without a grant. If there is no will, the equivalent is called letters of administration. A solicitor will tell you quickly which applies.
The grant itself commonly takes a few weeks from filing, and several months from the date of death once you allow for finding the will, getting the death certificate and publishing the required notice. Selling the property and distributing the estate usually runs six months to a year in total.
Who has authority to decide
The executor named in the will is responsible for the estate's assets from the date of death, including the house and its contents. That responsibility exists before the grant, even if the formal power to sell property does not. In practice it means the executor is the person who decides when the house is cleared, and the one who should be giving the instructions to a crew like ours. If you are not the executor, clear nothing without their say.
What is usually fine to do early
- Perishables and safety. Empty the fridge, deal with bins, turn off anything that should not be left running, and secure the property.
- Mail and paperwork. Collect the mail, redirect it, and gather documents in one place. You will need many of them for the probate application.
- Keepsakes the family agrees on. Photographs, letters and small personal items that nobody disputes can be collected. Keep a simple list of who took what.
- Keeping the home insured and maintained. An empty house needs its insurer told, lawns kept and gutters cleared. Some policies change terms once a property is vacant.
When it is wiser to wait
- Beneficiaries disagree. If there is any tension over who gets what, do not clear anything beyond rubbish until the executor and solicitor say so. Emptied rooms cannot be put back.
- Valuables have not been listed. Executors are expected to account for the estate's assets. Walk through with a notebook and a phone camera first, so there is a record of what was in the house and what it was worth.
- There is a tenant or a carer living there. Occupied homes come with their own rules. Get advice before anyone's belongings are touched.
- You are not sure whether the will is the latest one. Solicitors sometimes hold a more recent version. Ask before acting.
Fitting the clearance to a sale
Agents like to photograph an empty, swept house, and settlement dates are fixed once contracts exchange. If the property is going to market, the usual order is: family takes keepsakes, valuables are listed and sold or set aside, the house is cleared and swept, the cleaner comes through, then the photographer. Tell us the listing or settlement date when you call and we book the clearance to leave room for the cleaner and the agent after us. Most homes are cleared in a day or two.
If you would rather wait until probate is through, that works too. We hold the date and come when you are ready. Either way, the written quote and the invoice can be made out to the estate for the solicitor's file. The wider checklist for the first weeks and months is in what to do when someone dies, and the executor's version of this list is in the executor's guide to clearing the house.
When the time is right, our deceased estate clearance team works with executors, families and solicitors across Sydney and the Central Coast.
Common questions
Does the executor need probate to hire a clearance company?
No. An executor can arrange a clearance before the grant. The cost is an estate expense and the receipt should be kept with the estate's records. If there is any doubt about who the executor is, wait until that is settled.
Can the house be sold before probate in NSW?
It can usually be listed and even exchanged, but settlement generally cannot happen until probate is granted, because the title cannot be transferred without it. Agents and conveyancers in Sydney deal with this all the time and will set the dates to suit.
What if we are interstate and cannot get to the house?
We quote from photos or a video call, collect keys from the agent, solicitor or a neighbour, set aside anything you have asked us to find, and send photos before and after. Many of the executors we work for never set foot in Sydney during the clearance.