How Long Does It Take To Get Probate In The UK?
Probate is just one of the many responsibilities you need to handle after the passing of a family member or close friend. On average, the probate in the UK tends to take around 12 weeks. But it is a complex process that can take longer depending on the estate.
In this guide, we outline some of the key processes of probate and property, including what probate means and how long it takes to obtain a grant of probate. We also provide guidance on the application process and share useful information to help you navigate this journey.
What Does Probate Mean?
Probate is the legal process where, in the event of a person’s death, their estate is administered and distributed. It typically involves validating the deceased person’s will (if one exists), identifying and inventorying their assets, paying off any debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. Property owned by the person who has passed away is also included in this process.
What Does A Grant Of Probate Mean?
A Grant of Probate is an official legal document issued by the probate registry that gives the executor or executors named in a late person’s will the authority to manage their estate.
Receiving the grant of probate enables the executor to:
- Handle the assets of the deceased and manage the estate according to their will
- Gives them access to bank and savings accounts
- Enables them to sell assets and settle any debts
- Enables them to sell or transfer ownership of property
How Long Does It Take To Get A Grant Of Probate?
1 – 3 months on average
On average, the probate in the UK usually takes 1 – 3 months depending on the complexity of the estate. However, the time it takes to obtain a grant of probate varies depending on the complexity of the estate, the efficiency of the probate registry and whether there are any disputes or missing documents. After probate has been granted, it can take up to 6 months to close accounts, sell probate properties and pay taxes that are due.
To help you understand the probate process further, we have broken down the key steps and the average period of time each stage takes:
How long does a probate application take?
2 to 6 weeks
The first step is preparing the application, which generally takes 2 to 6 weeks. This involves gathering all necessary documents, including checking if a will exists, obtaining the death certificate and an inventory of the deceased person’s assets and debts. Valuing the estate can be particularly time-consuming, especially if it includes complex assets like property, investments or overseas accounts. Contacting banks, financial institutions and other relevant parties can cause this first step to take some time.
How long does a probate application take to be reviewed?
4 to 8 weeks
Once the application is ready, it is submitted to the probate registry. The review process typically takes 4 to 8 weeks. However, delays may occur if the application is incomplete or contains errors, requiring further clarification or additional documents.
How long does the grant of probate take?
4 to 12 weeks
After the probate registry has reviewed and approved the application, the Grant of Probate is usually issued within 4 to 12 weeks. The exact time frame depends on the workload of the probate office handling the case, and backlogs can result in longer waiting periods. In straightforward cases, the entire process can take between 3 to 6 months. However, more complex estates or disputes, such as will contests or difficulties locating beneficiaries, can extend this to 6 months or even over a year.
Several factors can delay the process, including a missing or disputed will, incomplete or incorrect applications, difficulties valuing assets, or disagreements among beneficiaries or creditors. Additionally, backlogs in the probate registry can significantly impact processing times. If delays arise, it is advisable to contact the probate office or seek legal advice to help ensure the application proceeds smoothly.
Why Does Probate Take So Long?
Probate takes a significant amount of time due to its complex nature. The process involves the collaboration of different companies and organisations which can become time consuming. Other reasons for the length of the probate process include:
- Legal Processes: Probate involves a series of legal procedures, including applying for a Grant of Probate or Letters of Administration, which can be time-consuming due to detailed requirements.
- Valuing the Estate: Assets such as property, bank accounts, investments, and personal possessions need to be identified and accurately valued, which can take time, especially for complex estates.
- Paying Inheritance Tax: Any inheritance tax due must often be paid before the Grant of Probate is issued. Calculating the amount and arranging payment can delay the process.
- Tracing Beneficiaries: If the beneficiaries are not immediately known or easily reachable, additional time is needed to identify and contact them.
- Complex Estates: Estates with multiple assets, international components, or disputed wills require more time to manage, involving additional legal and administrative work.
- Contested Wills: If a will is challenged, probate can be delayed significantly until disputes are resolved, often requiring legal intervention.
- Debts and Liabilities: The estate’s debts must be identified and settled before distribution, which can involve negotiations with creditors or verifying claims.
- Court Delays: Probate registries may experience backlogs due to staff shortages or high volumes of applications, causing additional delays.
- Executor Delays: If the executor is inexperienced, unavailable, or slow to act, the process can be drawn out unnecessarily.
- Third-Party Delays: Institutions such as banks or insurance companies may take time to provide the necessary information or release funds, adding further delays.
Expert Probate Services
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