How Long Does Probate Take?

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.

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.

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.