How Long Does Probate Take?

Probate is the legal process of administering a deceased person’s estate, ensuring that their assets are distributed according to their will or, if there is no will, in accordance with the rules of intestacy. The length of time it takes for probate to be completed can vary significantly based on several factors, including the complexity of the estate, whether there are disputes, and how efficiently the probate application is processed.

For those dealing with the loss of a loved one, understanding the probate process and its timeline is essential for managing expectations and planning. This article explores the key factors that affect the length of probate, the different stages involved, and what you can do to expedite the process.

What is probate?

Probate is the legal authority granted by the court to an executor or administrator to manage the estate of a deceased person. The probate process involves gathering the deceased’s assets, settling any outstanding debts, and distributing what remains to the rightful beneficiaries.

• If there is a will, the executor named in the will applies for a Grant of Probate.
• If there is no will, a close relative of the deceased will need to apply for Letters of Administration.

Both the Grant of Probate and Letters of Administration serve as legal documents that allow the executor or administrator to access and manage the deceased’s assets.

How long does probate take?

The time required to complete probate varies depending on multiple factors. On average, probate in the UK takes between 6 to 12 months. However, in more complex cases, it can take significantly longer.

Typical timeline for probate

1. Preparing the application (4–8 weeks)
   • The first step involves gathering necessary documents such as the death certificate, the will (if available), and details of the deceased’s assets and debts.
   • An estate valuation is carried out to determine the total worth of the estate.
2. Submitting the probate application (3–6 weeks)
   • The probate application, along with the necessary documents, is submitted to the Probate Registry.
   • If there is a will, the executor applies for a Grant of Probate.
   • If there is no will, the next of kin applies for Letters of Administration.
   • The application process can take longer if errors are made, or additional documentation is required.
3. Grant of probate issued (8–16 weeks)
   • The Probate Registry reviews the application, and if everything is in order, they issue the Grant of Probate or Letters of Administration.
   • Delays may occur if the will is contested, missing documents need to be supplied, or HMRC needs to review inheritance tax calculations.
4. Collecting assets and paying debts (8–20 weeks)
   • Once the Grant of Probate is obtained, the executor can collect funds from banks, sell property, and settle outstanding debts.
   • Banks and financial institutions typically take several weeks to release funds after receiving probate documentation.
5. Distributing the estate (4–12 weeks)
   • After all debts are paid, the remaining assets are distributed to the beneficiaries according to the will or intestacy laws.
   • If disputes arise between beneficiaries, the process may be further delayed.

Factors that affect probate timelines

While the average probate process takes 6 to 12 months, certain factors can extend or shorten this timeframe.

1. The complexity of the estate

A straightforward estate with few assets, no property, and minimal debt can be settled relatively quickly. However, if the estate includes multiple properties, investments, or overseas assets, probate will take longer.

2. Whether Inheritance Tax (IHT) is owed

If the estate’s value exceeds £325,000, inheritance tax may be payable. The executor must submit an inheritance tax return and ensure tax is paid before probate can be granted. Delays often occur if HMRC takes time to review the tax return or requires further clarification.

3. Whether the will is contested

A dispute over the validity of a will can significantly delay probate. Common challenges arise if:

• A family member believes the deceased was coerced or lacked mental capacity when making the will.
• There are multiple, conflicting versions of the will.
• A beneficiary was unexpectedly left out of the will and decides to make a claim.

If a dispute reaches court, probate can be delayed for several months or even years.

4. Missing documents or information

If key documents such as bank statements, property deeds, or the original will is missing, probate can take longer. The executor may need to contact multiple institutions to gather information, which can add weeks or months to the process.

5. The efficiency of the executor or administrator

An experienced executor who acts quickly can speed up probate. However, an inexperienced executor may struggle with the paperwork, causing unnecessary delays. In some cases, hiring a probate solicitor can help speed up the process.

How to speed up probate

If you are an executor or administrator, there are several ways to ensure probate is processed as quickly as possible:

1. Gather all necessary documents early
   • Ensure you have all essential paperwork, including the death certificate, original will, and full details of the deceased’s assets.
2. Submit a correct and complete application
   • Errors or missing information can lead to unnecessary delays. Double-check all forms before submission.
3. Pay any inheritance tax promptly
   • If inheritance tax is due, make arrangements for payment as soon as possible to avoid delays in obtaining the Grant of Probate.
4. Consider using a probate solicitor
   • If the estate is complex, hiring a probate solicitor can help speed up the process and ensure all legal requirements are met efficiently.
5. Communicate regularly with beneficiaries
   • Keeping beneficiaries informed can help prevent disputes and misunderstandings that could delay the estate distribution.

What happens if probate is delayed?

If probate takes longer than expected, it can cause financial difficulties for beneficiaries who may be relying on inheritance funds. Some executors may also find it stressful managing an estate for an extended period.

If a property is involved, it cannot be sold until probate is granted. This can be particularly challenging if the estate is incurring costs such as mortgage payments, maintenance fees, or council tax.

For those who need to sell a property quickly during probate, services like Sell House Fast can help by providing a quick sale solution. They specialise in buying properties fast, even before probate is fully completed, helping to alleviate financial pressures for executors and beneficiaries.