Probate is the legal process of sorting the estate (property, money and possessions) of someone who's died. Managing the admin after someone dies is stressful, and has to happen alongside dealing with other practical and emotional aspects of bereavement. It’s understandable to want to know how long it’s all going to go on for, and how long before any inheritance can be passed on as the person who died wanted. The whole process, from someone dying, to sharing out the estate, usually takes many months, often between six months and a year. It’s difficult to give a more definite answer as to how long probate can take in England and Wales because the length of time can vary quite a bit. Understanding the factors that make a difference can help, and so can following some of our tips to speed up the process. We hope this can help make a challenging time a little easier.
How long does it take to get a Grant of Probate or Letter of Administration?
A key part of the probate process is getting a Grant of Probate (if the person wrote a will) or a Grant of Letters of Administration (if the person died without a will). These are the legal documents which name the person or people who can deal with the estate (executors or administrators) and give them the right to start dealing with property, paying and debts, and sharing out any inheritance. It can take around 16 weeks from applying to receiving a Grant of Probate or Letters of Administration. But this is just one part of the process and there are other steps involved.
What makes a difference to probate timelines?
There are a number of factors which can make a difference to the timeline.
How complicated their affairs were: The complexity of the financial affairs of the person who died, and how much they owned, makes a real difference to how long probate will take. If someone died with just a few thousand pounds in the bank it will be much quicker to sort out than if someone had many investments, properties and business interests.
Good planning: If the person who died left a clear and comprehensive estate plan in place, this can speed things along.
Outstanding debts: If someone dies with outstanding debts and liabilities, such as mortgages, loans, or unpaid taxes, this can delay probate. Those who are owed money (creditors) must be notified and given the chance to make claims against the estate.
Working out what everything is worth: Accurately valuing the property and possessions of the person who died is crucial. If there are disputes or difficulties in working out what certain assets are worth, it can lead to delays. Things like art, collectibles, or business interests may need you to find a professional valuer to give an accurate estimate.
Who is managing the process: The efficiency of the executor or administrator appointed to handle the estate can impact the timeline. Being organised, or having experience in dealing with probate, can speed up administering the estate. We offer some tips for executors and administrators below.
Common delays in probate
There are a few specific things that can cause delays in the probate process.
Missing or incomplete documentation: Inaccurate or incomplete documentation can cause delays in probate proceedings as the court may require additional information to properly administer the estate.
Disputes and arguments: If there are disputes this can make the probate process much longer. These might involve disagreements among family members, and others who think they should inherit. Sometimes people will legally challenge a will, or claim it is invalid.
Poor communication: Poor communication among the executors or administrators, beneficiaries, professionals involved, and other involved parties can lead to delays in probate proceedings.
Tips for speeding up probate
Although the process can seem complicated and daunting there are a few things you can do to help things happen as quickly as they can.
Stay organised: Keeping records of assets and debts can streamline the probate application process. Trustestate's platform offers a user-friendly solution for organising these records in one place to deal with the estate.
Prioritise tasks: Break down the probate process into manageable steps and prioritise them. This can help ensure that critical tasks are addressed promptly.
Ask for help: It can make a real difference to use a professional probate specialist such as Trustestate. Professionals understand all the processes and however complicated your situation, we will have seen similar cases before. Our expertise can help steer you through the maze efficiently.
Communicate effectively: Those who might receive an inheritance (beneficiaries) and other relevant parties (eg creditors) will want to know how things are going. Keeping them informed about the progress of probate with clear communication can stop misunderstandings and disputes. If you use Trustestate you can keep beneficiaries up to date in real time by adding them to your Trustestate dashboard, and help keep everything moving smoothly.
Be proactive when it comes to debts: Address outstanding debts as soon as possible, and make sure creditors are notified soon after someone dies. This can prevent delays due to claims popping up later.
Manage inheritance tax: Make sure inheritance tax is calculated and filed correctly and paid on time.
Use professional valuation services: Sometimes it can be difficult to find out what things are worth. For complex or hard-to-value possessions, investments and property, it’s a good idea to use a qualified appraiser to make sure you have an accurate value for any assets.
How Trustestate can help
How long the probate process takes can vary widely. Some aspects are beyond your control, but taking proactive steps and asking for professional help can help speed up the process and reduce the stress. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage.
What we offer
Use our Complete Probate service and we’ll manage every stage of the process – we’ll take over all the admin, apply to the court for probate, and share out the estate. Or if the estate is simple and you have time, you can use our Grant of Probate service, and we’ll apply for probate using information you provide.
Whichever service you choose, you’ll get dedicated advice every step of the way, and an online platform to keep track of everything. Book a free call with one of our experts to find out more.