Unfortunately, there is no single timeframe that applies to every estate. The time involved will depend on factors such as the complexity of the estate, whether Inheritance Tax is involved and whether any problems arise with the application.
For applications in England and Wales, GOV.UK currently advises that you will usually receive a Grant of Probate or Letters of Administration within 12 weeks of submitting your application. It can take longer if further information is required.
It is also important to remember that obtaining probate is only one part of administering an estate. The entire process can take considerably longer.
If you need help dealing with an estate, our Probate and Estate Administration team can guide you through the process.
How long does it take to get probate?
Once a complete probate application has been submitted, the current government guidance is to allow up to 12 weeks for the grant to be issued.
However, this does not mean every application will take 12 weeks.
Straightforward applications where all the necessary information and documents have been provided may be processed sooner. Applications that require additional information or involve more complicated circumstances can take longer.
The probate application can only be made once the estate has been valued and any necessary Inheritance Tax requirements have been dealt with.
This means there can already have been a significant amount of work completed before the application reaches the Probate Registry.
What needs to happen before applying for probate?
Before an executor or administrator can apply, they will usually need to establish what the person owned and what they owed.
This can involve contacting banks, investment providers, pension companies and other organisations, as well as arranging valuations for property or other valuable assets.
The person administering the estate will generally need to:
- Find the most recent valid will, if there is one
- Identify the executors
- Establish what assets are included in the estate
- Identify outstanding debts
- Value the estate
- Consider whether Inheritance Tax is payable
- Complete any necessary reporting to HMRC
How quickly these steps can be completed will depend on the estate.
A straightforward estate containing a small number of easily identifiable assets will usually be easier to deal with than one involving several properties, investments, business interests or overseas assets.
What can delay probate?
There are several reasons why probate may take longer than expected.
Common causes of delays can include:
- Missing or incorrect information in the application
- Difficulty locating the original will
- Complicated property or investments
- Inheritance Tax matters
- Overseas assets
- Business interests
- Disagreements between executors or beneficiaries
- Questions about the validity of the will
- The Probate Registry requesting additional information
GOV.UK specifically warns that an application can take longer where further information needs to be provided.
Making sure the estate has been properly valued and the necessary documents are available before applying can therefore help reduce avoidable delays.
Does getting probate mean the estate is finished?
No. Receiving the Grant of Probate does not mean the estate administration is complete.
The grant gives the executor authority to deal with assets that require probate. They may then need to:
- Access and close bank accounts
- Collect savings and investments
- Sell or transfer property
- Settle outstanding debts
- Pay any remaining tax
- Prepare estate accounts
- Distribute money and assets to beneficiaries
Property sales in particular can add significant time to an estate administration.
Executors should also make sure they are satisfied that debts, tax liabilities and any potential claims against the estate have been dealt with before distributing everything to beneficiaries.
As a result, the full probate and estate administration process can take much longer than the probate application itself.
Can you speed up the probate process?
There is no guaranteed way to make the Probate Registry process an application faster, but good preparation can help prevent unnecessary delays.
Before applying, make sure that information about the estate is complete and accurate, the correct will has been located and any necessary Inheritance Tax steps have been dealt with.
If the estate is complicated or you are unsure about your responsibilities as an executor or administrator, getting legal advice early can also help identify potential problems before the application is submitted.
Our Probate and Estate Administration solicitors can assist with obtaining the grant alone or provide support with the wider administration of the estate.
How can I check whether probate has been granted?
If you are waiting for probate and want to know whether a grant has been issued, probate records for England and Wales can be searched online.
Once probate has been granted, the record may show when the grant was issued, the type of grant and who has authority to deal with the estate.
Need help with probate?
Probate can be straightforward in some circumstances, but delays and complications can make administering an estate difficult, particularly when you are dealing with the loss of someone close to you.
At John Fowlers Solicitors, our experienced Probate and Estate Administration team can help you understand what needs to happen, prepare the probate application and, if required, manage the wider estate administration on your behalf.
Whether you need advice on one particular stage or would prefer us to deal with the full process, we can provide practical support tailored to your circumstances.
Contact John Fowlers Solicitors today to speak to a member of our team.