How Long Does Probate Take?

The length of the probate process

Taking care of the affairs of person who has passed away take a long time. Probate is a complex and time-consuming process, which can involve many individuals, organizations and government departments. Insurance companies, banks and HM Revenue and Customs are just some of those that need to be contacted. On average, probate takes between six to nine months to complete and can take up to eighty working hours. It is not an unusual occurrence for it to take up to a year, perhaps longer if things are not straightforward. This period of time involves from the very start to when the beneficiaries are sent their payment, not just when the completed forms are submitted to the Probate Registry to the issue of the Grant of Administration.

Factors that can affect the time taken

  • People have six months from when probate was granted to make a claim against the estate of the deceased. The estate which cannot be dealt with until all claims have been made and received.  
  • What the deceased owned 
  • The location of the assets that the deceased owned
  • Whether or not there are any legal disputes
  • Whether or not the financial affairs of the deceased were in order
  • What the will says 
  • What the rules of intestacy say
  • Whether or not there are any legal disputes (claims against the estate or claims by the estate)
  • Whether or not there is inheritance tax that needs to be paid
  • Ensuring that HM Revenue and Customs files are closed and that all matters relating to benefits, income tax and pensions have been resolved.
  • Disputes between beneficiaries, family, or personal representatives. These must be resolved before the affairs of the deceased can be settled.

Probate and the crystallisation of Wills

Do we have free will? No, you have to payA Last Will and Testament, otherwise known as a Will, is an important legal document - perhaps the most important that most people ever make.

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Problems with Will writing

Executive brandishing documentWriting a will is something that everyone should do at some point in their lives, even people who have no valuable earthly possessions to speak of.

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The burden of inheritance taxes

Person calculating Inheritance TaxIf the estate of the deceased’s is worth £325,000 or more, inheritance tax will be owed, and needs to be paid before a grant of probate can be issued.

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