How long does probate take?

Sorting out probate can be a complex legal process, and it’s not something you can resolve quickly. Many people find it takes time to complete every step of the process. And it's normal to encounter delays along the way.

You might be just starting out and wondering how long probate takes. Typically, the process lasts six to 12 months.

• It can take longer than a year if you are dealing with a complex estate.
• Things like missing documents, disputes and property sales can hold you up. 
• If you’re thorough and things run smoothly, probate could take you just half a year.

In this article we look at the different stages of probate and the potential timings involved. We will also highlight possible reasons for delays and how you could avoid them. The better prepared you are, the less chance you have of frustrating hold-ups.

How long does it take to apply for a grant of probate?

Whether you’re an executor or administrator of an estate, you need to start by applying for probate documents. If the estate is worth more than £325,000, Inheritance Tax (IHT) may need to be paid first. It can take weeks or months to get professional valuations and to complete the relevant IHT forms.

When you’re ready to apply for probate, the presence of a will is key:

• If there is a will, you must apply for a grant of probate.
• If there isn't a will, you need to apply for letters of administration. 
• With or without a will, the probate process should take the same amount of time.

Once you’ve sent off your documents, you can expect to get a verdict within eight to 16 weeks. However, there can be delays if you're asked to provide more information. And in addition, there have been backlogs at the Probate Registry in recent years.

Considering all the above, it might take several months to get your grant of probate or letters of administration. To help avoid delays and speed up the process, make sure you always send complete and accurate paperwork.

Sorting assets and settling debts

Once probate is granted, the next step is to gather all the deceased person’s assets. This includes everything from property and possessions to savings and investments. Before you can pass these assets on to the relevant beneficiaries, you must settle any outstanding debts.

This stage of the probate process can take several months. Delays can occur for a range of reasons including:

• Slow responses from financial services providers. Banks and other organisations could take a while to get back to you. And they may delay the release of funds if a bank account has been frozen.
• The process of selling property. Not only will you need to get a professional valuation, but the sale of one or more properties can take a while. And it can take even longer when the property market is sluggish.
• Dealing with overseas property and possessions. Locating assets in other countries can be time consuming. And you might have to follow rules and processes that are specific to that country.

If you’re looking to save time and effort, you could get probate support. An expert can take care of all your paperwork, value the estate, settle debts, sort taxes, and hand out assets to beneficiaries.

How long does it take to distribute an estate?

Once all the debts are settled and assets located, you can distribute everything to beneficiaries. In the case of simple estates, this stage might take four to eight weeks. But for complex cases, it could take several years. Reasons for delays can include:

•  Beneficiaries who are difficult to contact or are located overseas.
• Disputes and disagreements, which can take years to resolve.
•  Tax issues or legal complications.

How can you speed up probate?

Some hold-ups with probate are hard to avoid. But it can help to prepare for each stage in advance, submit error-free documents, and contact beneficiaries with clarity and empathy. Selling property promptly and dealing with HMRC early can make a difference, too.

One way to save time and stress is to get professional probate help. With the support of an expert, such as a probate solicitor, you can relax knowing that everything will be sorted properly. And you can avoid costly and time-consuming errors.

If you want Saga Legal to take care of things, a team of friendly advisors are here to help. We partner with Co-op Legal Services, who can support you with:

• Reassuring guidance through every step of the probate process.
• Completing all the paperwork – including the grant of probate or letters of administration, estate valuation, settling debts, and tax forms.
• Distributing assets to those named in the will.

One phone call today could save you a lot of legal, tax and administrative work.