The probate process is one that many people are forced to approach for the first time in their lives at what can often be a distressing and uncertain time.
Of the many questions that arise when probate is required, a common one is “How long does probate take?”
Our Wills, Trusts and Probate Lawyers explain the process and timeframes below*.
*Timescales are correct at the date of publication
Probate vs Estate Administration
A common misconception is that the probate process and the general administration of a person’s estate are one and the same.
In fact, they refer to two different processes with wide-ranging time scales.
The probate process refers to the application that is required to obtain a document from the Probate Registry (known as a Grant of Probate) that confirms the formal authority of the executor of a person’s will.
If the person who has died did not leave a will, the equivalent application will be made by the administrator of the estate, and the Probate Registry will issue a Grant of Letters of Administration.
The administration of an estate, on the other hand, refers to the overall process for dealing with a person’s estate from the date they pass away up until the conclusion.
This includes notifying the relevant organisations of a person’s death, ascertaining the estate's assets, settling any liabilities, collecting in monies, reporting the final tax position to HMRC, and distributing the estate.
The probate process falls within the general administration of an estate.
It is not a substitute for the general administration, despite the term ‘probate’ often being used to describe the whole administration of an estate.
The probate application is normally made at an early stage of estate administration, once details of all assets and liabilities have been collected.
What is the Probate Process?
The probate process is generally made more straightforward if there is a will and the person applying for probate is the executor of that Will.
In such cases, the probate application can usually be made online via Gov.uk.
As part of this process, the executor will need to sign a ‘legal statement’ and will need to send the original will to the Probate Registry.
If there is no will, or if the probate application is being made by someone who is not the executor of the will (e.g. a beneficiary of the Will), this often means the probate application must be made by post instead of using the online process on Gov.uk.
It is also important to be aware that, for estates that need to pay inheritance tax or do not meet certain criteria, an IHT400 will need to be submitted to HMRC before probate can be applied for.
HMRC take approximately 20 working days to issue a code that allows the probate application to proceed.
What are the Timescales for Probate?
The timescales for probate vary significantly depending on whether the application can be made online or whether a postal application is required.
The Probate Registry gives a standard timescale of 12 weeks from the receipt of an application for a Grant of Probate or Letters of Administration, and is unable to provide an update on the progress of an application until those 12 weeks have elapsed.
For online applications, the Grant of Probate typically tends to be issued before the 12-week standard timescale, and some Grants of Probate can be returned as quickly as two weeks from the Probate Registry receiving the application!
This depends on whether the Probate Registry raises any queries about the application, which can cause a delay.
For postal applications, we find that the 12-week standard timescale is often exceeded, and, in some cases, it can be several months before the Grant is issued. This, of course, can cause a significant delay in being able to progress the administration of the estate.
It is therefore preferable if the probate application can be made online, which benefits from a notably faster process than a postal application.
If you do not have a will, or your current will is out of date, this may significantly delay the probate process in your own estate.
We offer a comprehensive will preparation service here at Myerson, so please contact us should you like any assistance with your will.
What About Timescales for an Estate Administration?
As the estate administration covers everything from beginning to end, it is much more difficult to provide an accurate timescale.
Each estate is unique in that they have different types and values of assets, some estates may have a will and some may not, and there may be varying types of numbers of beneficiaries.
All these factors contribute to the complexity of an estate and the time it takes to administer.
For more straightforward estates, the administration can be concluded within several months. For more complex cases, the administration may continue across multiple years.
Guiding You Through Every Step
It is important to keep in mind that the probate application and the estate administration are two distinct processes with differing timescales and should not be confused with each other. H
ere at Myerson, we can assist with and guide you through the entire process of dealing with a person’s estate, including the probate application, from beginning to end.
During this process, we will keep you informed of all expected timescales and ensure that the estate is dealt with as smoothly and efficiently as possible. Please contact us if you would like our assistance with any estate-related matters.
Need Advice on Probate or Estate Administration?
Dealing with a loved one's estate can be overwhelming, particularly at what is often a difficult and emotional time.
Whether you need assistance applying for probate, administering an estate or preparing a will, our experienced Private Client team can guide you through every stage of the process.
If you would like advice about probate or estate administration, please get in touch with our specialist Wills, Trusts and Probate Team.