One of the most frequent questions I am asked when speaking with families following the death of a loved one is “How long does probate take?” As much as I would like to provide reassurance with a precise timescale, I am afraid several factors influence the time it takes to administer an estate which can be summarised as follows:-

Registering the death, making the necessary funeral arrangements and locating the original Will

The first stage is to register the death and ensure the necessary funeral arrangements are in hand. 

As an executor(s) it is also crucial you locate the original Will. Enquiries should be made to ensure the Will is definitely the last Will made by the deceased. As an executor(s) you don’t want to be in a position where you distribute assets to beneficiaries only to find out at a later stage the Will was superseded by a later one, leaving the assets to different beneficiaries! 

If there was no Will, identifying who is entitled to benefit from the assets, locating those beneficiaries, and verifying their identities can take time. This process can take a few days if the deceased was organised and informed the executor(s) where the original was kept.  If an executor(s) does not know if a Will is in existence, or they are unable to locate the beneficiaries this can take 2- 4 months. This is where third party genealogists such as Estate Research can help (www.estateresearch.co.uk). 

Identifying the assets and any debts

As an executor(s) (or where there is no Will an administrator) you will need to carry out a thorough search of the deceased’s financial papers to establish what assets they may have owned at the date of death e.g. any property, bank accounts, pensions, life insurance policies and shares. This in itself may be complicated if the deceased only held financial information online, and the executor(s) does not have details of the investments or online passwords to access this information. Enquiries also need to be made to establish whether there were any business assets, foreign property, trusts, an interest in another estate where the deceased was a beneficiary but did not receive their inheritance at the time of their passing, and finally any lifetime gifts made during the last 7 years prior to death.

In addition an executor(s) will need to identify any debts e.g. any outstanding mortgage, credit cards, loans, store cards, car finance, tax liabilities and any refunds in respect of any overpayment of pension or benefits. This stage can take between 1 – 3 months on average.

Obtaining valuations of the assets and extent of any debts

Once an executor(s) has identified the assets and liabilities they will be required to obtain valuations as at the date of death. Whilst some assets may be valued easily for example bank accounts, others may take longer particularly where there are foreign or business assets. From experience you should expect to gather this information in around 2-4 months. Without this information you will be unable to progress to the next stage which is completing the probate application. 

Preparing and submitting the probate application 

The next stage is to prepare the probate application itself and submit the application with the Probate Registry. In simple estates typically valued under £325,000 where no inheritance tax is payable you should except to receive the Grant of Probate within 6-8 weeks. For more complex estates where inheritance tax is payable, or where there is no Will, it can take around 4-6 months for the Grant to be issued. This is because any inheritance tax must be paid in advance. It can take around 2- 6 weeks for banks to release funds to HMRC to cover the liability. Once HMRC receive the inheritance tax payment they require time to review the forms containing details of the assets and debts to ensure the correct amount of tax has been paid on account.  Around 20 working days after the tax has been paid, HMRC will issue the executor(s) with a code enabling them to formally lodge the probate application with the Probate Registry. Only then will the Probate Registry begin to process the application. 

Administering the estate

Once the Grant of Probate has been issued the executor(s) will need to close all the accounts or transfer assets to the beneficiaries in accordance with the terms of the Will or intestacy rules. In addition, any debts will need to be repaid and the tax affairs of the deceased finalised. If the estate includes a house it may take many months for a sale to be agreed. Sadly disputes can also arise among family members who may claim insufficient provision has been made under the terms of the Will resulting in lengthy delays. This stage often takes the longest with timescales anywhere from a couple of months to a year to finalise.

As you will see there are many factors which influence the length of time it takes to deal with probate, however, the average timescale is around 8-12 months from start to finish. I am pleased to say I have dealt with many estates where the timescale has been much quicker than this while others have taken longer due to external factors such as investigations by HMRC into the tax affairs of the deceased or complexities surrounding foreign assets.

What can you do to help your executors during your lifetime to speed up the probate process?

My top tips are:

1.  1. Make sure your Will is up to date.
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3. 2. Inform your executor(s) where the original Will is held.
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5. 3. Keep an up to date record of your assets and liabilities and inform your executor(s) where they can access this information.
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7. 4. Inform your executor(s) of your National Insurance number and any tax codes.
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9. 5. Provide details of any accountant or financial advisor who is familiar with your affairs.

7. Provide details of your utility suppliers, mobile phone and internet providers along with customer account numbers. 

8. Inform your executor(s) where they can locate log in details and passwords for any social media accounts and family photos stored on digital devices. 

How I can help!

If you are currently dealing with an estate either as an executor or administrator the easiest way to speed up the process is to appoint a probate expert like myself. I have over 25 years experience helping people navigate the complexities of probate. When dealing with financial institutions I know exactly what information to request and who to request this information from. Being familiar with the law also means the probate application and any inheritance tax forms are completed accurately minimising any enquiries raised which can cause delays. I can also arrange the completion of estate accounts, identification of beneficiaries and distribution of assets efficiently. Having a neutral person involved can also often defuse situations where tensions are heightened among family members.

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