Here in the UK, probate is the legal process that provides people with the authority required to manage a deceased person’s estate.
Probate involves confirming if a will is valid and getting a grant of representation to deal with the estate. It also includes distribution of the estate according to instructions of the deceased detailed in the will. Obtaining authority and administration of an estate usually takes between nine months to a year to complete, but can be longer in more complex cases.
How long is probate currently taking in the UK?
At present, the probate process takes around nine to 12 months to complete. Administrators and executors have a probate case manager who works closely with organisations the His Majesty’s Court Service (MCS), His majesty’s Revenue & Customs (HMRC) and the Department for Work and Pensions (DWP) and other financial institutions during administration of the estate. They work to ensure progress with institutions and organisations is reached as swiftly as possible.
How long does probate take without a will?
In England and Wales if a person dies without a will, UK law decides who inherits and who oversees probate. However, the amount of time the probate process takes is the same, whether there is a valid will.
What can delay the probate process?
In some instances, probate is longer than 12 months. This can happen for several reasons, including prolonged property sales, complicated inheritance tax (IHT) situations and missing beneficiaries.
Understanding the probate timeline
How long it takes to administer an estate varies depending on complexity. Typically, an administrator or executor should work to complete administration inside a year of the deceased passing. Sometimes this is called an “executor’s year”. From the beginning of the probate process, the case manager keeps executors and administrators up to date with a probable timeline for the administration of the estate
Month one (initiating a probate case)
After they receive a probate case, the case manager performs an in-depth legal review of the deceased’s estate, clarifying issues that need addressing before application for the grant of representation can start. They will inform the administrator or executor if they require further information before they begin valuing the estate’s liabilities and assets.
Months three to six (application for the grant of representation)
Before applying for the grant of representation, all necessary financial institutions must be contacted with the value of the estate accurately verified. All relevant IHT forms must be completed and filed with HMRC, regardless of whether tax is due or not.
All documentation required for the court application must also be complete. This includes checking the will’s validity or, when no will exists, applying intestacy rules accurately.
Usually, it takes between three to six months for all tax, legal and administration tasks to be completed, the application to be submitted and for court to issue the grant of representation to administrators.
Months six to nine (early distributions to beneficiaries)
Upon receipt of the grant of representation, the legal document is sent to the deceased’s bank. After all relevant documents are in the bank’s possession, money held in the deceased’s accounts is typically released in between 10 and 15 working days.
It’s considered best practice after the grant of representation is received to put ads in local and national papers. They give a two-month notice period allowing creditors of the estate to claim debts. This substantially reduces any risk of claims from creditors on the estate in the future. An alternative is for beneficiaries to take out insurance to protect such situations.
Following this period, when funds are available and no debts outstanding, some money from the estate can be distributed among beneficiaries.
Months nine to 12 (full distribution to beneficiaries)
Up until six months after receipt of the grant of representation, claims can be made on the estate by individuals who believe they have the right to benefit. As a result, it is imperative to resolve all possible claims against the estate before full distribution is made.
Providing that no claims surface and all tax, legal and administration work is finalised, distribution of the entirety of the estate to its beneficiaries takes between nine to 12 months, completing the probate process.
Probate solicitors in North Wales you can trust
At Bennett Smith Solicitors, we are specialists in probate, wills, conveyancing and family Law making. Based in Bangor, we are an ideal option when you require probate solicitors in the region. Reach out to us today to ensure the probate process goes swiftly and successfully.
