How long does probate take?

Probate is the process of administering the estate of the deceased according to their wishes. This gives an individual, normally named in a Will, the legal rights to handle any property, assets, positions, and money left behind.

In the UK, probate generally takes around 6 months, however this process can easily take much longer and has been known to take over a year when more complex matters are involved. For a more accurate assessment of how long a probate will take it’s important to contact a probate solicitor so that they can consider your unique situation.

Within the following article we shall discuss the how long probate takes from beginning to end, including what the process entails and any time limits that may apply.

What is probate?

After someone’s death, the legal and financial steps taken to review a Will and handle matters regarding the assets of the deceased is called probate.

For example, if the individual who died left a Will, probate is the process of proving its validity so that the next of kin or named executor can begin to administer their estate, assets, and finances, according to their wishes.

To do so, they may need to apply for a grant of probate, which is a legal document which gives an executor the legal rights to access the bank accounts of someone who has passed away. Additionally, this will allow them to settle debts and sell any assets.

In the event that the deceased did not leave a valid Will, the grant of probate is replaced by a grant of letter of administration, which a beneficiary can apply for.

Who can apply for probate?

Within the Will it generally states who should serve as executor. This individual will be able to apply for probate in order to gain the legal authority needed to start administering the deceased’s estate.

If an individual has not been named in the Will, or in the event that there is no Will to consider, one of the beneficiaries can apply for legal documents that will allow them to act as an administrator. These documents include the grant of probate and the letters of administration.

Are there time limits on probate application?

While there are currently no time limits on applying for a probate, it’s important to be aware of the other time scales involved in the probate process.

For example, the length of time it will take to administer the estate, or the amount of time needed to settle matters related to inheritance tax. In the case of inheritance tax, it is important to note that there is a 6-month time limit from the date of death.

There are also ways in which you can speed up the probate application process, for instance, ensuring that you have all the correct legal documents before you apply. Getting documents like the grant of probate can take between three to five weeks, depending on complications, so it is essential to begin these processes as soon as possible.

What are the stages of the probation process?

As part of the probation process, the executor must follow a series of key steps. These include things like registering the death and sharing out assets according to the deceased’s Will.

Here are the 7 key stages of the probation period:

1. Registering the death of a loved one. The event that starts the probation process is the passing of a loved one. The death will need to be registered within five days, this will allow the executor to obtain the deceased’s death certificate.
2. Contacting the deceased’s bank, utilities, etc. This includes getting in touch with any beneficiaries.
3. Submitting the necessary forms. The grant of probate or letters of administration will need to be submitted alongside the inheritance tax form. Ensuring that all of the information on these forms is completed correctly is important if you want to avoid unnecessary delays.
4. Inheritance tax. Paying the inheritance tax is a necessary step and unfortunately one that comes before the estate’s assets are released. Because of this it may be necessary to get a loan in order to pay the inheritance tax.
5. Paying off any lingering debts. If the deceased still has debts to pay, for example a mortgage or credit card, this must be handled first. In the event that the estate will not cover the debt, an agreement will need to be reached with the creditor.
6. Claiming life insurance. Life insurance is often used to pay for funerals or, in some instances, the inheritance tax. At this stage any relevant insurance companies should be contacted in order to arrange the pay-out.
7. Distributing assets. The final stage in the probation process is where the assets are divided between the benefactors as indicated in the Will.

How long does probate take in the UK?

The whole probate process generally takes between 6-12 months, with the average time it takes to complete a probate being 9 months. Depending on the complexity of the situation and the size of the estate, this timescale can vary dramatically.

For instance, it takes around 5 months to process inheritance tax, so if there are any delays in payment, or problems along the way it can add a significant amount of time to the overall process.

Further complication, for example, if there is no Will is very likely to extend the time it takes to complete the probate process.

Get in touch with our probate solicitors today

To speak to one of our probate solicitors today then please ring 0208 680 5018 or contact your local Atkins Hope office in Croydon, Medway or Blackheath