Probate
Probate is the entire process of administering a dead person’s estate. This involves organising their money, assets and possessions and distributing them as inheritance – after paying any taxes and debts.
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Probate
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Frequently Asked Questions
How long does the probate process take?
The whole process of probate can be fairly lengthy, taking several months. If the estate is fairly simple, then probate should be granted between 1 and 3 months after the application is submitted.
However, the process of distributing the estate afterwards can continue to take much longer after this.
How long does it take to apply for a grant of probate with a will?
1-8 weeks
It can take anywhere between one week and a couple of months to apply for a grant of probate with a will. The amount of time it will take for you depends on a number of factors, including:
Whether there’s an inventory of assets included within the will
The size and complexity of the estate
How much you already know about the assets in the estate
Whether you have the death certificate of the deceased person
The time it takes your probate provider to prepare the application.
How long does it take to apply for a grant of probate without a will?
1-8 weeks
If the deceased person hasn’t left a will, or their will cannot be found or verified, it usually takes somewhere between one and eight weeks to apply for a grant of probate without it. Usually, when the estate is in intestacy, it’s a longer process.
If you’re the spouse or civil partner of the person who died and already know a lot about the assets in their estate, your application could be prepared and sent to the probate registry within a couple of weeks.
However, if you need to search through paperwork, track down accounts, get property valued and find out about any debts, it could take a couple of months to get all the information together for your application. Similarly, without a will, there will be no clear personal representative to administer the estate is. An application will need to be made to the probate registry for a grant of letters of administration.
How can a solicitor help?
Getting help from a solicitor can be a particularly good idea if the estate is large and/or complicated. Solicitors can take on administering an entire estate on behalf of an executor or, for those clients who wish to deal with the estate administration themselves, they can provide a report of the steps required following an initial meeting with you. They can then provide advice as and when needed.
Can multiple people apply for probate?
There are often multiple executors named in the Will, which can make it confusing to know who should apply for probate.
A maximum of 4 people can apply for a ‘grant of probate’ on behalf of the deceased.
Who applies for probate if there is no Will?
If there is no Will, then technically it is not a ‘grant of probate’ that needs to be applied for. When there is no Will, the next of kin will need to apply for a ‘grant of letters of administration’.