How Long Does Probate Take?

The legal process of probate ensures distribution of a deceased person’s assets according to their wishes or, in the absence of a will, in accordance with the laws of intestacy. For many families, understanding how long probate takes can help them plan their next steps during what is often a difficult and emotional time. However, the length of time probate requires can vary widely depending on the complexity of the estate and the circumstances surrounding it.

At Marley Solicitors, we aim to guide you through the probate process with clarity and efficiency, ensuring you understand each stage while reducing delays wherever possible.

What is probate?

Before delving into timelines, it’s essential to understand what probate involves. In simple terms, probate is the process of proving and validating a deceased person’s will and confirming the authority of the executor (or administrator, if there is no will) to manage the estate. A legal document known as a Grant of Probate, or Letters of Administration in intestate cases, grants this authority.

Once probate has been granted, the executor or administrator can

• Access the deceased’s bank accounts.
• Settle outstanding debts.
• Collect and sell assets such as property.
• Distribute inheritance to beneficiaries.

Key stages of the probate process

Generally speaking, the probate process consists of several crucial stages:

1. Registering the Death

In England and Wales, the process starts with registering the individual’s death within five days (or eight days in Scotland). The death certificate is an essential document for initiating probate.

2. Valuing the Estate

This involves identifying all of the deceased’s assets and liabilities to determine the estate’s value. This can include bank accounts, property, pensions, investments, debts, and other financial obligations.

3. Applying for the Grant of Probate

The executor submits the application for a Grant of Probate or Letters of Administration, providing supporting documents such as the will, death certificate, and details of the estate’s value. This stage often involves paying inheritance tax, if applicable.

4. Settling Debts and Gathering Assets

Once the executor receives probate, they can gather funds from bank accounts, sell property, and settle the deceased’s debts. This stage can take time, particularly if assets are located abroad or if property sales are involved.

5. Distributing the Estate

The final stage involves dividing the remaining assets among the beneficiaries as outlined in the will or according to intestacy rules.

How long does each stage take?

While every case is unique, the following provides a general guideline for how long each stage of the probate process may take:

1. Initial Steps (2-4 Weeks)

Registering the death and gathering the necessary documents usually takes a few weeks. If there are delays in obtaining the death certificate, this stage may take longer.

2. Estate Valuation (4-12 Weeks)

Valuing the estate can be a straightforward process for simple cases but may take several months for complex estates, particularly if the deceased owned multiple properties or had offshore assets.

3. Grant of Probate Application (4-12 Weeks)

The probate registry typically processes the application within 4-8 weeks after submission. However, requests for additional information or contested wills may cause delays.

4. Administering the Estate (3-6 Months)

Collecting assets, settling debts, and selling property can take anywhere from a few weeks to several months. Selling property, in particular, can be a lengthy process depending on the state of the housing market.

5. Distribution of Assets (4-8 Weeks)

The executor can distribute the inheritance to the beneficiaries after settling all liabilities. This stage is usually the quickest, provided there are no disputes among the beneficiaries.

Factors that can delay probate

A number of factors can complicate and prolong the probate process.

1. Disputes Over the Will If a family member or other party challenges the validity of the will, the probate process will be delayed until the dispute is resolved.
2. Complex Estates Estates with numerous assets, properties, or international investments can take significantly longer to value and administer.
3. Inheritance Tax Typically, one must pay inheritance tax before granting probate. Calculating and settling tax liabilities can be time-consuming.
4. Missing Documentation Delays in obtaining key documents such as the death certificate, property deeds, or financial records can slow the process.
5. Executor Issues An unwilling or unable executor or multiple executors who disagree can delay proceedings.
6. Probate Registry Backlogs At times, the probate registry may experience backlogs, particularly following changes to legislation or during periods of high demand, such as after the COVID-19 pandemic.

Average timeline for probate

Probate often concludes within 6-12 months for straightforward cases. However, complex estates or cases involving disputes may take 1-2 years or longer. It is essential to remain patient and organised throughout the process.

How Marley Solicitors can help

Navigating the probate process can be overwhelming, especially during a time of grief. At Marley Solicitors, we provide expert guidance to executors and administrators, ensuring the process runs as smoothly as possible. Our team can assist with:

• Valuing the estate accurately.
• Preparing and submitting the probate application.
• Handling inheritance tax calculations and payments.
• Resolving disputes and minimising delays.

We strive to alleviate the burden of probate, providing you with the assurance of professional and efficient handling.

Conclusion

The length of time probate takes depends on various factors, including the complexity of the estate and whether disputes arise. While straightforward cases can be resolved in under a year, more complicated cases may require significantly longer.

If you need assistance with probate, Marley Solicitors are here to help. Contact us today for expert advice and support tailored to your situation. Let us handle the legal complexities so you can focus on what truly matters—supporting your family and remembering your loved one.