How Long Does Probate Take UK: Definition & All You Need To Know

When someone names you as the executor of their estate, it’s your job to see that their final intentions are carried out. Probate is the name given to this process. This article will give you a clue as to how long it takes to get a probate grant process take in the UK when it is submitted.

Most executors have never been through the probate process before, so we’ve put together this quick guide to assist you to learn more about what’s involved and how to effectively carry out your duties. 

How Long Does Probate Take UK?

Probate generally takes between six and twelve months. However, numerous factors influence how long the probate process takes, which means that without knowing the specifics of each case, asking how long probate will take is akin to asking how long a piece of thread is.

This can take up to eighty hours of labor on average if you hire a probate specialist. Nonetheless, in other instances, particularly when the estate is particularly intricate, the probate process might take far longer, possibly up to several years.

How Long Does Each of the Stages of Probate Take?

It is predicted that it will take between four and eight weeks to gather the paperwork required for probate and send off the inheritance tax information. This will include the following:

• How to obtain a will and a death certificate
• Discovering the contents of their bank account
• Assessing the value of their property
• Calculating their tax liability and any other outstanding bills

Reporting the estate’s valuation to HMRC allows them to determine whether inheritance tax is payable and, if so, how much. This can be time-intensive and could take up to five months in theory.

What Is Included in the Probate Process?

Generally, the probate schedule begins with the filing of an application for and receipt of a grant of probate or letters of administration. The timetable ends when the estate administration process is complete.

What Are the Stages of the Probate Process?

The probate process is divided into three critical stages, which include the following:

Stage 1: Collecting all of the individual’s paperwork and information. This covers their last will and testament as well as their financial information.

Stage 2: Probate application

Stage 3: Estate administration and asset distribution

Why Does Probate Take So Long?

Probate is a lengthy procedure that can be extremely difficult, especially in the aftermath of a loved one’s death. The length of the process is due to the complexity of the legal and tax concerns that must be handled.

To do this, the procedure must be exhaustive and appropriate checks must be conducted. Additionally, the manner in which probate is conducted has a significant impact on the amount of inheritance received by recipients.

It is in everyone’s best interest that this is done appropriately to avoid disagreements and parties not receiving what they require or what the dead desired.

How Long Does a Grant of Probate Take After Death in the UK?

This is a related question to the one about the length of the probate process. The only other aspect to consider is how long it takes for executors or administrators to recognize their function and begin applying for probate and organizing the estate of the deceased person.

This will rely on the clarity of the will and the time available to the executors to get probate.

How Long Does It Take To Receive Money From a Will?

The final step in the probate process is to distribute the inheritance. As a result, this process often takes 9-12 months following the decedent’s death.

Bear in mind that probate expenses are frequently covered by the estate and will be deducted before the Will is paid out.

You can also read BENEFICIARY OF A WILL

How Long Does Probate Take? 

Even if you are not an executor but rather a beneficiary, you will be guided through the procedure and given an estimate of how long you may have to wait to get your inheritance. However, before we begin, let us establish a basic knowledge of what probate is.

What is Probate?

Probate is a broad term that refers to obtaining official approval to carry out the wishes expressed in a Will. However, the term is now more generally used to refer to the entire process of administering an estate, from obtaining court approval to paying inheritance taxes and dividing the assets.

Do You Need to Apply for a Grant of Probate?

To manage a person’s Will as executor, you must typically obtain court approval first. This is referred to as applying for an award of probate. Alternatively, if the decedent did not leave a Will, it is referred to as applying for the award of letters of administration. You do not need to get a grant of probate if one of the following applies:

• The estate is either tiny and straightforward (usually less than £5,000 in bank accounts), or it is complex.
• If the entire estate is held jointly, it automatically transfers to the survivor.

What Happens When a Will or Probate Is Contested?

When individuals believe a Will is invalid or that probate was not properly administered, they have the right to contest it. To do so, they must file a caveat with the Probate Registry, delaying the issuance of probate until the dispute is addressed. After six months, the caveat expires but may be renewed.

How Long Does the Probate Process Take in the UK?

The probate process takes approximately a year from the date of death to the distribution of the estate. Although it may take less time, even small estates typically require at least six months to complete probate. However, once a Grant of Probate is issued, the estate should be dispersed within six weeks.

How Much Does Probate Cost?

If the estate is worth more than £5,000, you must pay a £215 application fee for a grant of probate. The only additional costs to consider are inheritance tax (which the estate should compensate you for) and solicitor fees if you choose to have a professional handle everything for you.

A financial consultant can assist you in navigating some of the most difficult aspects of probate, including inheritance tax, life insurance, trusts, and liquidating assets (such as investments) for distribution.

You can also read Probate Fees

How Long Does Grant Of Probate Take 

In some places like England and Wales, it typically takes between nine and twelve months to acquire a Grant of Probate and complete the estate management process, regardless of whether a will exists. Probate can take considerably longer than normal, and there are certain potential obstacles along the road. 

How Does the Probate Process Work in the UK?

Probate normally takes between nine and twelve months to complete. The following are the primary steps you must take as an executor:

#1. Register the Death

In England, Wales, and Northern Ireland, you must do so within five days of the date of death; in Scotland, you must do so within eight days. This stage is to obtain a death certificate, which is required to begin the Will-writing process.

#2. Notify Organizations and Beneficiaries

Contact businesses with which the dead transacted, such as their bank, utility provider, or insurance provider, to end the account and avoid any future payments. Additionally, you should notify any beneficiaries as soon as feasible that they are entitled to a portion of the inheritance.

#3. Submit Award of Probate and Inheritance Tax Forms

Both of these forms are available online and can be submitted electronically (though you will need to send paper versions of some documents, like the Will). There is a great deal of precise information to include, so consult an online checklist to ensure you don’t overlook anything. Probate should be granted within eight weeks but may take longer if any forms are incomplete or wrong.

#4. Pay Inheritance Tax

You may need to borrow money to do so (as the bill will be payable before the estate’s assets are distributed), so it’s important to arrange arrangements as soon as possible.

#5. Pay Off Debt

This includes credit card balances, mortgages, and other loan agreements (for their car or furniture, for example), but not student loans. If there is insufficient money in the estate to fulfill the debt, you may need to reach an agreement with the creditor.

#6. Claim Life Insurance

if the deceased possessed life insurance, mortgage, or burial insurance policy, contact the provider to request payment. This amount may be used to pay estate taxes or burial expenses.

#7. Distribute Leftover Assets

All remaining assets should be distributed to beneficiaries in accordance with Will’s provisions. If a beneficiary mentioned in the Will dies, their portion of the estate is typically returned to the estate to be distributed among the remaining beneficiaries, unless the Will specifies otherwise.

How Long Does Probate Take Once Submitted

After you submit your probate application, if everything is in order and the estate is relatively straightforward, it typically takes between three and five weeks for the award of probate or letter of administration to be issued. Once you have submitted your application, you are virtually forced to wait, and there is little you can do to expedite the process of getting probate.

Probate registry processing timeframes vary according to their workload. If there are errors in your application, a delay can be possible in your procedure, thus you must complete the form accurately.

The duration of this process varies according to the urgency of the issue and whether it is taxable.

• In urgent cases, such as when a case is out to court, you can quickly solve it out in less than two weeks.
• If the estate is not taxable, you can process the application within two to eight weeks.
• It is in anticipation to take between 10 and 12 weeks if the estate is taxable. This is because your application will be reviewed by HMRC. If they are dissatisfied with something, they will contact you and inquire. Responding to any inquiries may take many weeks.

When Will I Swear the Oath and How Long Does This Take?

At some stage, the executor or administrator must swear an oath that the information contained in the application is accurate and that they would divide the estate’s assets in accordance with the will and applicable legislation. Generally, you can administer the oath at your local probate registry.

After you have taken the oath, you will often obtain the grant of probate or letters of administration within ten days.

How Can I Make Dealing With Probate Faster?

While probate is typically a lengthy procedure, there are certain ways to fasten the process.

• You can get Probate quickly.
• If you are the executor or personal representative, familiarize yourself with your responsibilities so that you may begin determining how you can give out the estate.
• Pay inheritance tax promptly to avoid having to petition for probate.
• Complete steps of the process concurrently, such as applying for probate and preparing to collect the assets.
• Employ the services of a solicitor or a professional probate service.

Is There a Time Limit on Probate?

The entire probate process is not a limit time process, and you may require time to grieve before beginning the probate application process. Certain phrases, however, do have time constraints:

• Inheritance tax must be paid within six months of the decedent’s death. You cannot apply for probate until all inheritance taxes have been paid. If you do not pay within six months, you will almost certainly face financial penalties.
• Inheritance tax returns may be subject to a time limit. If you are filing an IHT400 form, you must do so within one year of the individual’s death. There are no time constraints if you use an IHT205 form.

Additionally, it is critical to remember that as an executor, you must operate in the best interests of the beneficiaries.

How Long Does Probate Take UK FAQ