Two Separate Protections, Not One

Most explanations of this notice treat it as a single mechanism, and the general concept is already familiar to most executors researching estate administration in NSW. In practice, NSW law creates two distinct protections that apply to different types of claims, operate on different timeframes, and neither protects the assets themselves once distributed.

General Protection for Creditors and Other Claims

Under section 92 of the Probate and Administration Act 1898 (NSW), an executor or administrator who publishes a notice stating an intention to distribute, and then distributes only after the specified time has expired, is not liable to a person with a claim against the estate, unless the executor had notice of that claim at the time of distribution.

The notice period here must be at least 30 days from when the notice is given. There is no requirement to wait six months from the date of death for this general protection to apply.

Specific Protection for Family Provision Claims

Under section 93 of the Succession Act 2006 (NSW), a separate and stricter protection applies specifically to family provision claims. This protection only applies where the property is distributed at least six months after the date of death and notice has been given within the specified period, at least 30 days, after the date of death.

There is one further condition: the legal representative must have no notice of any application or intended application for a family provision order at the time of distribution. All of these conditions need to be satisfied together, not just some of them.

This is why executors are commonly advised to wait a full 12 months, matching the standard deadline to bring a family provision claim, even though the strict statutory minimum for this specific protection is six months plus the notice period.

Why the Two Timeframes Get Confused

The 30-day figure and the six-month figure both appear in discussions of this notice, which is where most confusion comes from.

The 30-day notice period is the minimum length, the same in both section 92 and section 93. The six months is a separate, additional precondition that applies only to the family provision protection under section 93, not to the general creditor protection under section 92.

In practice, this means an executor could theoretically publish a notice and rely on section 92 protection against ordinary creditors as early as 30 days after publication.

Relying on the family provision protection under section 93, however, still requires waiting until six months from the date of death has passed, even if the notice itself was published earlier. Many executors simplify this by treating the later of the two dates as the practical benchmark for distribution.

More: Can You Extend the 12-Month Family Provision Deadline?

What the Notice Does Not Protect

This is the part most executors are never told, and it materially changes how much comfort the notice actually provides.

Under section 95 of the Probate and Administration Act 1898 (NSW), a legitimate claimant can still follow the distributed assets into the hands of the beneficiaries who received them, even where the executor personally is protected from liability. The notice protects the executor from being sued. It does not extinguish the underlying claim against the property itself.

In practice, this means the notice is genuinely valuable protection for the executor personally, but it is not a guarantee that a distribution, once made, can never be unwound or challenged through the beneficiaries who received it.

Other Circumstances: Section 94 Protection

Section 92 and section 93 are not the only protections available. Section 94 of the Succession Act 2006 (NSW) covers additional circumstances that do not require publishing the standard notice at all.

• A person who could bring a family provision claim can give the legal representative written notice that they do not intend to apply, removing the need to wait out the notice period as against that specific person
• A legal representative who has already received notice of an intended application can still distribute without liability in certain defined circumstances, provided the distribution otherwise complies with the section

These provisions are narrower and more fact-specific than the general notice process, and getting the conditions wrong can mean the protection simply does not apply.

How to Actually Publish the Notice

Publishing the notice is a formal process with a prescribed form and a single valid publication method.

The notice must use the wording set out in UCPR Form 114. This form expressly references section 93 of the Succession Act 2006, section 92 of the Probate and Administration Act 1898, and section 60 of the Trustee Act 1925.

This single form covers all three statutory bases at once, which is part of why the notice can protect against multiple types of claims simultaneously.

According to the Supreme Court of NSW, the valid method of publication is through the NSW Online Registry website. Publication is not mandatory, unlike the earlier Notice of Intended Application required before a grant is obtained, and a fee is payable each time a notice is published.

An executor administering a trust outside the usual probate process may instead need to publish under section 60 of the Trustee Act 1925 (NSW), in a daily newspaper rather than through the Online Registry.

More: Executor’s First 30 Days Checklist: What to Do When Someone Dies in NSW

Should Every Executor Publish One?

Publishing the notice is optional, not compulsory, which leaves many executors unsure whether it is worth the cost and delay.

According to Legal Aid NSW’s guidance on distributing an estate, an executor who fails to administer the estate properly can be personally liable to repay or compensate the estate. This is the risk the notice is designed to manage.

Given that risk, publishing the notice is generally worthwhile wherever there is any realistic possibility of an unknown creditor, or an eligible person the executor is not fully confident has been accounted for. 

It matters less in small, simple estates with an undisputed and complete list of beneficiaries, where the cost and delay of publishing may outweigh the practical benefit.

Interim Distributions Before the Notice Period Ends

Executors do not always have to choose between waiting out the full notice period and doing nothing in the meantime. Interim distributions offer a middle path in some estates.

Where an estate is large enough, an executor may be able to make a partial or interim distribution to beneficiaries before the full protection period has run, provided enough of the estate is retained to cover any potential claims.

This does not carry the same statutory protection as waiting for the notice period to expire, so it still involves a degree of personal risk. Executors considering an interim distribution should weigh the beneficiaries’ practical need for early funds against the reduced protection this approach carries, and document the reasoning clearly.

How Empower Probate Lawyers Can Help

Getting the timing of this notice wrong, publishing too early, distributing before the correct period has expired, or misunderstanding which protection actually applies, can expose an executor to exactly the personal liability the notice was meant to prevent.

We advise executors on matters relating to the grant of probate and letters of administration across NSW, including the correct sequencing of notices before distribution. We help executors understand their duties and manage what happens after probate is granted, including matters where a dispute arises after distribution has already occurred.

Call 1300 481 161 for an initial consultation. Specialist advice. Free initial consultation. Deferred fee arrangements are available in eligible cases.

Frequently Asked Questions

Is publishing a Notice of Intended Distribution compulsory in NSW?

No. Unlike the Notice of Intended Application required before a grant is obtained, publishing a Notice of Intended Distribution is optional, though it provides valuable protection from personal liability where published correctly.

How long do I have to wait after publishing the notice?

At least 30 days from when the notice is given, under both section 92 of the Probate and Administration Act 1898 and section 93 of the Succession Act 2006. For the specific family provision protection under section 93, distribution must also occur at least six months after the date of death.

Does the notice specifically protect against family provision claims?

Yes, but only if all the conditions in section 93 of the Succession Act 2006 are met, including the six-month minimum from the date of death and having no notice of an actual or intended application at the time of distribution.

Can a beneficiary still lose their inheritance even after the notice period expires?

Potentially, yes. Section 95 of the Probate and Administration Act 1898 allows a legitimate claimant to follow distributed assets into the hands of the beneficiaries who received them, even where the executor personally is protected.

Where do I publish a Notice of Intended Distribution?

Through the NSW Online Registry website, using the wording set out in UCPR Form 114. Some trust distributions outside the usual probate process instead require publication in a daily newspaper under section 60 of the Trustee Act 1925.

What happens if I distribute the estate without publishing this notice?

The executor is not automatically liable, but loses the specific statutory protection the notice provides. If a valid claim later emerges that the executor did not know about, they may be personally liable to compensate the estate or the claimant.

Can I make a partial distribution before the notice period ends?

Sometimes, if the estate is large enough to retain a sufficient buffer for potential claims. Interim distributions do not carry the same statutory protection as waiting for the full notice period, so they still involve some personal risk for the executor.

Do I need to publish more than one notice if I administer multiple grants?

Generally, a separate Notice of Intended Distribution is required for each estate being administered, since the notice is tied to the specific grant of probate or letters of administration and the particular deceased person’s estate.