How Long Does Probate Take?

Following the death of a loved one, the appointed personal representative(s) are tasked with administering the deceased’s estate; this is often an emotionally taxing time, and there are many common misconceptions about the length of the probate and estate administration process that can add to the stress. However, in most cases, the process is completed within 9 to 12 months, often known as the “executor’s year”. In this article, we will assess what happens during this timeframe, possible causes of delay, and how you can ensure the process runs as smoothly as possible. 

What Is Probate?

Probate is the legal process required to manage and distribute a deceased person’s estate, ensuring their assets are passed on to the correct beneficiaries, and any outstanding debts or taxes are paid. If the person left a valid Will, probate is the process of proving the Will's authenticity and granting the executor legal authority to administer the estate. If there is no Will (intestate), the process appoints an administrator to handle the estate according to the rules of intestacy in the UK; administrators share the same role as executors.

If you want to find out more about what probate is and the stages involved, please read our full guide on understanding probate.

Who Should Apply for Probate?

If the deceased left a Will, the person(s) named as the executor(s) must apply for a "Grant of Probate" through the Probate Registry. This legal document gives them the authority to manage the estate, including accessing bank accounts, selling property, and distributing assets.

If the deceased did not leave a Will, a close relative (such as a spouse, child, or sibling) must apply for "Letters of Administration". This grants them authority to administer the estate under intestacy rules, following the Administration of Estates Act 1925 (as amended by the Inheritance and Trustees’ Powers Act 2014), which determines how assets are distributed.

What Are the Typical Time Frames for Probate?

Regardless of whether a Will is present or not, how long probate takes is largely similar, since executors have the same responsibilities as estate administrators. Let’s take a look at how this process unfolds:

1 to 2 Months

This initial stage involves the gathering of all necessary documents and information about the deceased’s estate, including the Will, financial statements, insurance policies, a full asset inventory (if not included in the Will), and any outstanding debts owed. This stage may take longer for more complex estates, or if you’re proceeding without legal assistance. 

3 to 6 Months

Once all documents are gathered, you’re ready to apply for the Grant of Representation; this is an umbrella term for both the Grant of Probate and the Grant of Letters of Administration. Ensure that the estate has been accurately verified and valued, and that all documents necessary for the court application have been completed. You must also ensure that all relevant Inheritance Tax (IHT) forms - such as IHT400 - have been completed and that the IHT position for the estate has been finalised with HMRC. Over the next 3 to 6 months, all the necessary legal, tax, and administration work will be completed. 

6 to 9 Months

Upon receiving the Grant of Representation, a Section 27 Notice - also known as a statutory notice - may be placed in local newspapers, so that creditors or beneficiaries can make a claim against an estate or lodge a caveat. This notice will cover a 2-month period. The Grant of Representation must also be sent to the bank, which will then trigger the release of money into the relevant account. 

9 to 12 Months

Once outstanding debt claims have been resolved and funds have been released, the distribution of the estate can begin. Assets will be distributed to beneficiaries following the Will (or rules of intestacy if no Will is present), which typically takes 2 to 3 months to finalise unless any executor or beneficiary disputes occur. It is important to note that claims against an estate can still be made within 6 months of the Grant of Representation, and if all funds have been distributed, the executor may be personally liable. 

Does Probate Take Longer Without a Will?

It is generally considered that the probate process does not take longer if a Will is not present as the beneficiaries of the Will have to be traced and this can involve researching the deceased’s family tree to ensure that all beneficiaries are identified. Also, as the estate is distributed under the laws of intestacy rather than the guidelines of a Will, potential issues could arise if family members believe that the estate distribution does not align with the deceased’s wishes, prolonging the process. 

What Causes Delays in the Probate Process?

Delays in the probate process are common and can be caused by several factors, which can significantly extend the time it takes to settle an estate. However, knowing what these factors are can help you to avoid them. Frequent causes include:

• Missing Documents: Incomplete or incorrect forms, and missing documents like Wills or death certificates.
• Complex Estates: Large estates with multiple properties or international assets take longer to handle - this is particularly relevant for High-Net-Worth Individuals (HNWIs).
• Will Disputes: Challenges to the Will or disagreements among beneficiaries can cause significant delays.
• IHT Issues: Inheritance tax must be settled between the executor/administrator and HMRC. Complex tax matters can also slow down the process.
• Difficult-to-Value Assets: Certain assets (e.g., rare household items) may require time-consuming valuations.
• Executor Delays: Executors who are slow to act or unfamiliar with their duties can prolong probate.
• Trust Assets: Estates with assets held in trusts can complicate probate and add time.
• Probate Registry Backlogs: Administrative delays at the probate registry can add to waiting times.
• Debt or Creditor Claims: Settling debts or addressing creditor claims must be done before distribution, otherwise the executor/administrator could be personally liable.

What Happens if Probate Is Delayed?

If probate is delayed, the estate's assets remain inaccessible, meaning beneficiaries cannot receive their inheritance, and bills or debts cannot be paid from the estate. Delays can also increase costs, such as ongoing property maintenance or legal fees, and may result in penalties for late payment of taxes. Additionally, disputes or complications could arise among beneficiaries, creditors, or executors, further prolonging the process.

How Can I Speed Up Probate?

There are several steps you can take to speed up the probate process. Some delays will, unfortunately, be out of your hands, but by following these steps, you can ensure that the chance of any untimely hold-ups is reduced:

• Collect Documents Early: Gather documents such as the Will, death certificate, and detailed asset information before applying for the Grant of Representation.
• Apply Promptly: Submit your application as soon as possible once documents are gathered. 
• Settle Debts and Taxes Quickly: Pay any outstanding debts or inheritance tax as early as possible to avoid delays.
• Hire a Solicitor: An experienced legal professional in probate law, such as our solicitors in London and Cambridge, can navigate complex estates and paperwork quickly and efficiently. 
• Communicate with Executors and Beneficiaries: Ensure all parties involved are informed and agree on the process to avoid disputes.

Can I Track the Progress of Probate?

The progress of the probate process can be tracked, but only by the individual who made the application. To do so, you will need an account on the HMCTS portal, where you can check the status of the Grant of Probate or Letters of Administration. 

For a Smooth Probate Process, Consult Our Legal Team

Without the necessary legal knowledge, navigating the complicated probate process can be difficult, especially at such an emotionally taxing time.

At Culver Law, our experienced legal professionals are knowledgeable about probate law, meaning we have the expertise to support your probate application. Consulting our support throughout will reduce the risk of contentious probate, enabling smoother progress. Please contact us today to discuss your needs, and a member of our team will be happy to help.

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