How Long Does Probate Take?

Probate is the legal process of administering a deceased person’s estate, ensuring that their debts are paid and their remaining assets are distributed according to their will or the rules of intestacy. The length of time probate takes can vary significantly depending on the complexity of the estate, the efficiency of the executor, and whether any disputes arise during the process. Here’s a breakdown of what to expect.

What Is Probate?

Probate involves obtaining legal permission to manage and distribute a deceased person’s estate. The person responsible for this is usually named as the executor in the will. If there is no will, an administrator is appointed, and the process follows the rules of intestacy.

The Stages of Probate

1. Gathering Necessary Documents The first step in the probate process is collecting all relevant documents, such as the will, death certificate, and details of the deceased’s assets and liabilities. This step alone can take several weeks, especially if financial institutions or other parties are slow to respond.
2. Applying for the Grant of Probate The executor or administrator must apply for a Grant of Probate (or Letters of Administration if there is no will). This involves submitting forms to the Probate Registry along with the required documents. It typically takes 4 to 8 weeks for the grant to be issued, provided there are no complications.
3. Settling Debts and Taxes Before distributing the estate, any outstanding debts, taxes, or liabilities must be settled. In the UK, this includes submitting an Inheritance Tax (IHT) form, even if no tax is owed. If Inheritance Tax is due, it must be paid or arrangements made to pay it before the grant is issued. This step can add several weeks to months, depending on the complexity of the estate.
4. Distributing the Estate Once debts and taxes are settled, the executor can distribute the estate according to the will. This stage can take a few weeks to several months, especially if assets need to be sold, such as property or investments.

Factors Affecting the Timeline

• Complexity of the Estate: A simple estate with few assets and no liabilities will take much less time than one with numerous properties, investments, and debts.
• Disputes or Challenges: If the will is contested or disputes arise among beneficiaries, the probate process can be significantly delayed, sometimes by months or years.
• Delays in Asset Valuation: Assets such as property or business shares often require professional valuation, which can take weeks or months.
• Efficiency of Executors: Executors who act promptly and keep thorough records can speed up the process, while delays in communication or decision-making can slow it down.
• Backlogs in the Probate Registry: At times of high demand, such as during or following the COVID-19 pandemic, the Probate Registry has experienced significant delays.

How Long Does Probate Usually Take?

For straightforward estates, probate typically takes 6 to 12 months from start to finish. However, more complex cases can extend the timeline to 18 months or longer. Here’s a general estimate:

• Simple estates: 6 to 9 months
• Moderate estates: 9 to 12 months
• Complex estates or disputes: 12 months or more

The time it takes to complete probate in the UK depends on various factors, including the complexity of the estate, the presence of disputes, and the efficiency of those involved. While straightforward cases can be resolved in under a year, more intricate situations can take significantly longer. Understanding the process and being proactive can help minimise delays and ensure the deceased’s wishes are carried out as efficiently as possible.

We can assist in all aspects of Probate, whether it be arranging the Grant or full estate administration. View our pricing here.