How Long Does Probate Take?

The probate process can be long and arduous. From the moment a person passes away through to the distribution of the estate, the entire probate process can take up to a year. In some cases, things can be completed much more quickly, but it is certainly not uncommon for 12 months to pass before everything is settled.

Much will depend on the complexities of the will, the estate and whether any issues arise over the sale of property.

What is probate?

Probate is the legal process of managing someone’s estate after they die. This includes dividing assets, paying inheritance tax, selling property, and fulfilling the wishes as per the will.

How long does probate take with a will?

Having a will can certainly help the probate process run more smoothly. Whilst it can still take 12 months for probate to be completed, this is somewhat faster than if a will was not made available.

Where there is no will, the estate is instead distributed as per the law of intestacy. This is where Letters of Administration are applied for, and the assets are distributed as per the law. This can be a slow and complex process, especially when determining who inherits what, if relatives are living abroad, or there are difficulties locating people.

Why does probate take so long?

Probate takes so long due to its complex nature and the potential for delays. For example, should the will be contested, or there be missing documents, it’ll take considerable time to overcome these obstacles or trace the paperwork.

In addition, trying to locate the beneficiaries could be as difficult as finding some of the documentation. This all adds to the timeline and occasionally sees probate take well over the 12 months mentioned previously.

Further delays can also occur when there hasn’t been an executor named, or where there has, but they are unable to commit sufficient time to the probate process.

Sometimes, delays are out of your hands. If assets were held abroad or the HMRC believes there are discrepancies with the estate valuation, significant time can be added to the probate process.

How long does it take for probate to be granted?

We’ve broken down the probate process into a timeline to help establish a clearer idea of how long it will take. Whilst it may take up to 12 months or more from start to finish, the granting of probate can be significantly quicker.

Initial admin and funeral: 1-3 weeks

Upon the death of an individual, it will need to be registered, which should be done within five days in England, Wales, or Northern Ireland. This will grant the death certificate, which enables you to begin fulfilling the wishes of the will. You should also start planning the funeral and reaching out to banks, utility companies, insurance providers and other businesses that may have financial ties to the deceased. This will enable payments to stop and prevent additional charges from being added.

Valuing of the estate and informing HMRC: 2 weeks – 2 months

The timeline here can vary greatly. If the deceased owned multiple properties, held assets overseas, or had some particularly valuable items, valuations can take considerable time.

Attempting to gain accurate valuations or tracing documents only adds to the delay in having probate completed, which can easily take up to two months.

On the other hand, should the estate be small, with perhaps one property and more standard assets, a valuation may only take a couple of weeks.

Once a valuation of the estate has been made, it needs to be submitted along with tax forms to HMRC to help with calculating inheritance tax. You can use a solicitor to help you with this step, as it can be both complex and time consuming.

Receiving a code from HMRC: 4 weeks

Once the tax paperwork has been submitted to HMRC, you’ll need to wait for a code to be issued. This code makes up part of the paperwork needed by the executor. It can be with you in around 10 days, but it can take up to 4 weeks in some cases.

Applying for a grant of probate: 1-2 weeks

Upon receiving your code, complete the probate application. Again, use a solicitor to help if things are confusing or complicated. If you have everything to hand, this won’t take long at all. Should you miss a few items, you might need a week or two to ensure everything is complete. Just be aware that your grant of probate may still not arrive for another 8 weeks or more.

Pay inheritance tax (IHT)

Before things go any further, you’ll need to settle the IHT bill. You can pay in instalments or take a loan to clear it if you wish. Once probate is granted and assets distributed, you can take the IHT costs from the estate to clear the loan or reimburse yourself. Current rules mean you have six months from the person's death to settle the IHT bill. The grant of probate cannot be issued until IHT is paid, so it is best to have a plan in place for this to help expedite the whole process.

Grant of probate: 8 weeks

Once the IHT is paid, probate can be granted, but this can take up to eight weeks to happen. If some information is missing or there seems to be an error on the forms, it could take even longer.

Things can be much faster if you submit your probate paperwork online. These applications are often processed within just four weeks.

Pay off debts and asset distribution: 1-12 months

Depending on the size of the estate and the number of beneficiaries, this could take time.

Once probate is granted, you’ll need to use the estate to help settle any debts. In some cases, there may be insufficient funds to cover the costs, so it would be wise to speak with the creditors as soon as possible. That way, you might be able to reach some form of agreement that reduces the debt or alters the repayment structure.

Reach out to the life insurance provider if there is one. Claiming on the policy may enable the IHT bill or funeral costs to be covered.

Then, distribute the remaining funds and assets as per the will.

How can I make the probate process faster?

As detailed above, it can take considerable time not only to get probate granted but to distribute the assets. However, in some cases, you may be able to make the process a little easier and faster.

Remain organised

Ensure the will, death certificate and any information relating to debts, properties and other assets are all collected as soon as possible and kept together.

Use a solicitor

This will come at a cost, but the expense will save you considerable time and hassle. A probate solicitor can expertly navigate their way through the paperwork, assisting you with a speedy completion and answering any questions you may have during the process.

Keep updated and keep updating

HMRC may have questions, as may your solicitor. Answer these promptly to help facilitate the process, but also don’t be afraid to ask questions – especially if they may relate to the collection of certain documents or the completion of certain forms.

Go online

If you can, submit probate applications online. They can be much faster than heading down the paper route.

Plan for selling property

Selling an inherited property might be necessary. If the deceased has left property in the will, it might need to be sold. You can start factoring this in early. Speaking to a cash house buyer, for example, can be a good option.

Where traditional estate agents sell based on demand, cash house buying companies buy any property at any time. This enables you to begin investigating the sale before probate, safe in the knowledge that the property will sell once probate has been granted.

The death of a family member or friend can be an emotional and stressful time. At Bettermove, we understand this and try to make things as easy as possible. Our processes enable us to buy an inherited property within as little as seven days. With full transparency, honesty and compassion, we make a cash offer, and should you accept, we then proceed. To make things even easier, we cover your legal fees too, enabling you to sell a house for free without fear of costly expenses. Contact our team today to find out more.