When a loved one has died, dealing with their estate is probably the last thing on your mind. However, their estate will need sorting when you are ready. And if probate applies to your loved one’s estate, then it is good to understand how long the process can take.
What is probate? In short, probate is a court-supervised structured legal process that ensures a deceased person’s debts are paid and their assets are distributed according to their Will. Find out more about the probate and what you should do if a loved one has died.
How long does probate take?
Probate typically takes around six months (from start to finish) but the actual length of time depends on the complexity of the estate. Straightforward estates will usually be completed relatively quickly, while more complex estates that require property sales or involve multiple shares and investments can take longer.
Let’s look at the factors that can affect probate, how long it takes to complete and the timeframes for probate.
Does probate take longer if there isn’t a Will?
In England and Wales, the time it will take for probate to complete is the same whether the deceased left a Will or if there isn’t a Will.
If the deceased has left a Will, they will have named the person responsible for overseeing the probate process. But if there isn’t a Will, this is decided by the law.
The probate process and timeframes
While each case of probate is unique, the timeline for the process tends to look something like this:
Starting the case
A detailed legal review of the estate will take place. This is to determine if there are any issues or if more information is needed to apply. The review will take place and will include the valuing of the assets and liabilities to the estate.
Applying for and obtaining the grant of representation
Typically, applying for and receiving a grant of probate can take up to 16 weeks to complete all the required legal, tax and administration work. Once this has been submitted, the court will review and issue the grant of representation (a document that proves the legal authority of the person[s] entrusted to deal with the deceased person’s estate).
Initial distributions to the beneficiaries
Once you have received your grant of representation, this is given to the bank to notify them of the probate. Once satisfied they have all the necessary documents, the money held in the deceased’s account is released. The release of funds process can take up to 10 to 15 working days.
Provided the funds are then available once any creditor debt has been paid, it may be possible to begin an initial distribution to the estate beneficiaries as set out in the Will.
Final distributions and probate completion
During this final period, assuming there are no further claims or contests to the Will, beneficiaries will receive all distributions from the estate. If any challenges to the Will or new creditors arise, this process may take longer.
The above timeline is an estimate of how long a typical probate case will take, but it can take less time if the estate is simple and equally can take longer if there is more complexity.
How Hughes Probate Services can help
If you’re considering applying for probate yourself, it’s worth noting that by contacting a probate specialist like Julie Hughes, you’ll have peace of mind, knowing that each step is carried out correctly and as quickly as possible.
If you need probate support, Hughes Probate Services is here to provide friendly and expert guidance to help you understand the process, every step of the way.
We pride ourselves on our sensitive and friendly approach to helping you through what can be an emotional time. Please get in touch with Julie and we can arrange a chat.
