How long does Probate take?

• Wills, Trusts & Probate

Probate is often (although not always) needed after someone has passed away. When clients instruct us, one of the most common questions is how long does probate take? Unfortunately, there is no quick answer to this as every case is different and the speed of completion can depend on a huge range of factors.

In this article, we will look at what probate is, what are the average timeframes and what can also cause hold-ups to the administrative process.

Our probate solicitors in Plymouth are experienced in all aspects of the process and can provide expert guidance from start to finish.

What is probate?

Probate is the official legal process that confirms the validity of the deceased’s Will via the Court. This process will also confirm who the executor or administrator is that is responsible for collecting the deceased’s assets, paying any debts left by the deceased and distributing the remaining estate to the beneficiaries.

If there is no Will or the appointment of executors in the Will has failed, no one can make decisions on the estate until they have obtained the grant of letters of administration from the Probate Registry. The Letters of administration will appoint administrators who can gather in all the deceased’s assets and liabilities.

This means that executors or administrators could close the deceased’s bank accounts, and sell any of the deceased’s properties or investments held.

The grant of probate cannot be applied for until any outstanding tax has been settled and the estate has been valued.

You do not need to apply for probate every time someone passes. A solicitor can assist with advising on whether it is appropriate.

It is worth noting that there is no court fee for an estate under the value of £5000. If the estate is above the value of £5000 there is an application fee of £300*.

How long does probate take?

Again, there are varying factors which can impact this. However, the general timeframe given is that you get the grant of probate within eight weeks. We have found that there have been significant delays with the probate service as this process for some estates can take up to 16 weeks for an online application.

If the estate is complex or of significant value and a paper application is required, this can take up to 21 weeks.

After probate has been granted, it can take a further six to twelve months to realise and distribute any assets, dependent on the size of the estate and any specific factors.

Factors affecting the length of probate:

There are a number of factors that can delay the required length of time. Here are some of the five most common.

1. Value of the estate – larger estates with numerous assets or business interests can often take longer to realise and administer
2. The complexity of the estate – Overseas properties, complex tax or trust issues and tax reliefs can all play a part in
3. The will is disputed – if the will is formally contested, then assets could be frozen and unable to be disputed until settled. This could be for months or even years
4. Lack of a valid will – time can be spent searching for a will which cannot be found and the estate will then need to be distributed under the law of intestacy.
5. Difficulty locating beneficiaries – beneficiaries could be unknown, living abroad or uncontactable, particularly when the law of intestacy applies.

How to avoid delays in the probate process

There are ways to help expedite the process and avoid delays. These include:

1. Organise documents – There are a number of documents you need to request probate. These include the will, death certificate and details of bank accounts, assets and liabilities. Be organised and pull together all that you can, as early as you can/
2. Instruct a solicitor – Having an experienced professional navigate the process will ensure any hurdles are overcome quickly and important aspects such as tax reliefs and trusts fully understood and adhered. It also means you remove the burden from yourself at what can be a very emotional time.

You can view our guide to probate and the various steps required here.

Conclusion

At GA Solicitors in Plymouth, we understand that this can be a very difficult time. We will guide you through the probate process and remove the burden from you. Our experienced team is also ranked in Chambers High Net Worth and The Legal 500 so you can be assured you are in the best possible hands.

Call the team today on 01752 203500 or email enquiries@GAsolicitors.com.

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