How long does Probate take?

In this guide we look at the question how long does probate take? And importantly, we look at how to get it if you have recently inherited a property.

1. What is the probate meaning?
2. When is probate required?
3. When is probate not required?
4. What is an Executor?
5. How do you apply for probate?
6. How long does probate take? – the Probate timeline in 6 steps
7. Inheritance tax explained
8. How much does probate cost?
9. DIY probate
10. Selling probate property during probate
11. Intestacy explained
12. In summary
13. FAQs about probate

The definition of probate via probate solicitors

In England and Wales, Probate is the term used to describe both the legal and financial frameworks used for dealing with the assets of a person who has recently died. These assets will include property, money and possessions of what is often termed the ‘deceased’s estate’. The eventual goal is to set out how a deceased’s person’s estate is to be distributed.

In order that the next of kin or an Executor named in a Will can make a claim, transfer, sell or distribute any of the deceased’s assets they may have to apply for probate.

Probate will be granted via either a ‘Grant of Probate’ or ‘Letters of Administration’. Once in place, the next of kin or an Executor can start dealing with the deceased person’s assets in accordance with their Will. If the deceased person died without a Will the law will determine who should receive everything.

When is probate required?

In England and Wales probate is usually required if:

• The person who died owned a property, house or land
• A bank or any other financial institution asks for a Grant Probate or Letters of Administration (also called a ‘Grant of Representation’). This will be due to a bank or financial institution having their own threshold for probate reasons. See more details below under ‘what is the threshold for probate?’

When is probate not required?

Contrary to popular belief, the need to apply for probate doesn’t just depend on whether there’s a will in place or not. Instead, it depends on the financial position of the person who has died at the time of their death.

An application for probate may not be required if the person who died was a joint landowner with yourself, or you jointly owned property, shares or money. These assets may automatically pass to you. However, if the person who died owned assets that were not directly connected with you, it is highly likely you will still need to go through the probate process.

If you’re still unsure if probate is required, we suggest you get sound advice from your local solicitor’s office.

What is the point of probate?

The essence of probate is to protect the rights of the deceased’s beneficiaries and creditors, including their heirs and anyone to whom they owe legally binding debts.

Whether through a grant of probate or letters of administration in cases with no valid will, probate ensures the lawful and intended distribution of the deceased’s assets.

These processes are crucial not only for managing the immediate assets of the estate but also for fulfilling more complex financial responsibilities, such as inheritance tax, which we will explore in detail in the following sections. Understanding this tax is vital, as it can significantly impact the probate process, including the time it takes to settle an estate.

Probate thresholds of major financial institutions

The threshold for triggering probate can vary wildly and is ultimately driven by banks and financial institutions. These organisations have the power to decide the threshold they feel comfortable working within before a Grant of Probate is required. Should they feel it necessary they can ask that probate is obtained even in instances where the asset value falls below their minimum threshold for probate.

Thresholds for probate are in the region of £5,000 – £50,000. Here’s a list of some of the largest high street banks thresholds as examples:

• Aviva – £50,000
• AXA – £10,000
• Bank of Ireland – £10,000
• Bank of Scotland – £25,000
• Barclays – £50,000
• Birmingham Midshires – £25,000
• Britannia – £30,000
• Cheltenham & Gloucester – £25,000
• Co-op Bank – £30,000
• First Direct – £20,000
• Halifax – £50,000
• HSBC – Decided on a case-by-case basis
• Lloyds TSB – £50,000
• M&S Money – £15,000
• Nationwide – £50,000
• NatWest – £25,000
• NS&I (National Savings / Premium Bonds) – £5,000 to £15,000 (varies based on the Will and the number of Executors)
• Post Office – £10,000
• Royal Bank of Scotland – £25,000
• Sainsbury’s Bank – £20,000
• Santander – £50,000
• Skipton Building Society – £15,000
• Tesco Bank – £25,000
• Woolwich – £15,000
• Yorkshire Building Society – £30,000

Please note that these are the current threshold rates and are always subject to change.

Is probate always necessary for jointly owned property?

The short answer is No.

In the UK, whether probate is necessary for jointly owned property typically depends on how the property was owned by the deceased and the surviving owner. There are two main ways in which property can be jointly owned:

1. Joint Tenants: If the property was owned as joint tenants, then upon the death of one owner, the property automatically passes to the surviving joint owner(s) by the right of survivorship. In this case, probate is generally not required for the property to be transferred to the surviving owner. The death of the deceased owner needs to be reported to the Land Registry along with a copy of the death certificate to update the records.
2. Tenants in Common: If the property was owned as tenants in common, each owner holds a distinct share in the property. Upon the death of one owner, their share does not automatically transfer to the surviving owner(s). Instead, it becomes part of the deceased’s estate and is distributed according to their will, or the rules of intestacy if there is no will. In this situation, probate is usually required to deal with the deceased’s share of the property.

In summary, for jointly owned property held as joint tenants, probate is typically not required to transfer ownership to the surviving owner. However, for property held as tenants in common, probate is usually necessary to deal with the deceased’s share. It is advisable to consult legal professionals for guidance, as the specifics can vary depending on individual circumstances and the complexity of the estate.

What is an Executor?

Understanding probate begins by understanding the role of the executor or, in the absence of a will, the administrator.

The Executor, named in the deceased’s will, is responsible for managing the estate. If there is no will, the closest living relative typically takes on this role, called an administrator in these circumstances. Their first task is to locate the will, if one exists, as this guides the subsequent steps of the probate process.

What is an Executor’s role?

An Executor is a person designated in a deceased person’s will to manage their estate after death. This role involves four key responsibilities:

• Asset management: Gathering and safeguarding all assets of the estate.
• Debt settlement: Paying off any outstanding debts and taxes owed by the estate.
• Legal compliance: Ensuring that the administration of the estate complies with legal requirements.
• Asset distribution: Distributing the remaining assets to the beneficiaries as specified in the will.

Executors are typically chosen by the person making the will (the testator) and are often close family members or friends. In some cases, professional Executors, such as solicitors or accountancy firms, may be appointed, especially if the estate is large or complex.

In cases where there is no will (intestacy), where the will does not name an Executor, or where the named Executor is unable or unwilling to act, an administrator is appointed to manage the estate. This appointment is typically done by the Probate Court.

Administrators have similar responsibilities to Executors but operate under intestacy laws, which determine how the estate is to be distributed in the absence of a will. The role of an administrator often falls to the closest living relative of the deceased, such as a spouse or adult child.

The importance of Executors and Administrators

Both Executors and Administrators play crucial roles in the probate process.

They ensure that the deceased’s estate is managed and distributed correctly, whether in accordance with the will or the rules of intestacy.

Their actions provide a structured approach to handling the deceased’s affairs, offering peace of mind to the beneficiaries, and ensuring that legal obligations are met.

Can there be more than one Executor?

Yes.

It is common for there to be more than one Executor or Administrator. While a testator can appoint any number of Executors, only up to four can be named in a Grant of Probate. This collaborative approach ensures transparency and accountability in managing the estate.

However, managing an estate with multiple Executors or Administrators can present challenges, such as the need for unanimous decision-making, which can lead to delays if disagreements arise.

In cases where an Executor is unable or unwilling to act immediately, they can reserve their power to participate later, which is especially useful when Executors reside in different countries.

Alternatively, an Executor can formally renounce their position by signing a Deed of Renunciation, provided they have not already engaged in estate administration activities.

How do you apply for probate?

In England and Wales, the granting of probate is overseen by the Probate Service, part of His Majesty’s Courts and Tribunals Service.

This service administers the probate process, ensuring the validation of wills and empowering executors or administrators to manage the estates of those who have passed away.

When one applies for probate, they must submit the original will (if it exists) along with their application. This will be then kept as a public record by the probate registry​​.

The probate record, including details of the grant, is made available online approximately 14 days after the issuance of probate​​.

Applying for probate – getting everything ready

If you’re an executor in a will you can apply yourself. Alternatively, you can appoint somebody else licensed to do this on your behalf, such as a qualified solicitor.

Before you can apply you should:

• Check if you need probate: Some smaller estates do not need probate. If the estate being administered contains no property, and no bank accounts above the legal threshold, probate does not need to be obtained.
• Check if you can apply: Only the executor or administrator of an estate can apply for probate.
• Have a fair idea of the total value of the estate: While you don’t need to know the value of the estate down to the last penny, you will need to know roughly how much it is worth so that it can be reported.
• Hold the original will: In order to apply for probate, you need to have access to the original will. Normally, people either keep their wills at home or leave them in the care of their solicitors.

How does probate work?

Trying to decide how to go about an application for probate can be a challenge. Here we take a look at how this works.

How to apply for probate

Provided you have met all four of the above criteria you are free to apply for probate yourself. Bear in mind that you will need to spend some time learning the complexities of applying and may have to explain this to all beneficiaries.

Applications for probate can be made either online or by post. The process is relatively straightforward and can be completed without necessarily hiring a probate practitioner, such as a solicitor, although professional advice should be sought.

Once probate has been issued, this gives the Executor or Administrator the legal right to deal with the deceased person’s property, money, and possessions, collectively known as their ‘estate’.

Making an application for probate online

If you are the Executor or Administrator of a Will you can apply for probate online via the Government website where you will find all the probate forms. You will need to meet the following conditions to proceed:

• hold the original will if you are the Executor (you do not need the will if you are an Administrator, for obvious reasons),
• have the original death certificate or an interim death certificate from the coroner,
• have already reported the estate’s value,
• have submitted tax forms to HMRC and waited 20 working days if you need to pay inheritance tax.

Note that the person who died must have lived in England or Wales most of the time.

How long does probate take?

Applying for a Grant of Probate in the UK typically takes about 4 to 8 weeks from the submission date, assuming there are no complications.

However, this is just the start of the process. The duration needed to complete the distribution of all remaining assets, such as property, money, and possessions, to the beneficiaries can vary significantly.

Factors like the complexity of inheritance tax calculations, the how you decide to sell an inherited property, and if you need to resolve any legal disputes can extend this timeframe.

On average, finalising the entire probate process and distributing the assets usually takes around 9 to 12 months.

6 Stages of the Probate timeline and process

The probate process involves several key legal and financial steps to effectively manage and distribute a deceased person’s estate. Here is a breakdown of the process in six steps for clarity:

Step 1: Identifying Assets and Liabilities: The first step in probate is to comprehensively list and value all the deceased’s assets, including property, money, and personal possessions. Additionally, all liabilities such as loans, mortgages, and bills are accounted for. This helps in determining the net value of the estate by subtracting liabilities from the total assets.

This work is often carried out by specialist wills and probate solicitors, who also consider any entitlements under the Will or Intestacy Laws.  This step can take several weeks to a few months. The time required depends on the complexity of the estate, the number of assets and debts, and how quickly they can be identified and valued.

Step 2: Handling Inheritance tax: If applicable, the executor or administrator needs to organise the payment of Inheritance tax to HM Revenue & Customs. Submitting an inheritance tax return is necessary, even if no tax is due, to prevent penalties. This step is crucial for the accurate financial assessment of the estate.

The time to organise Inheritance tax payments can vary. If tax is due, it may take additional time to calculate the amount and arrange for payment. This step can take a few weeks to several months, especially if the estate is large or complex.

Step 3: Applying for a Grant of Representation: The Executor or Administrator must apply to the Probate Registry for a Grant of Representation/Grant of Probate. This legal document is essential as it grants them the authority to administer the deceased’s estate. The application includes submitting the relevant probate forms along with the deceased’s will and death certificate.

The application process itself might take a few weeks, and the overall duration from application to receiving the Grant can vary. It usually takes about 4 to 8 weeks after submitting the application, provided there are no complications or additional information required by the Probate Registry.

Step 4: Selling Assets and Settling Debts: Once the Grant of Representation is obtained, the executor or administrator can sell the deceased’s assets and settle any outstanding debts. This includes liquidating property and investments and handling other financial obligations as per the estate’s capacity.

The time taken to sell assets and settle debts can vary widely. Selling property can be time-consuming, potentially taking several months. Settling debts will depend on the complexity and number of debts involved.

Step 5: Preparing Estate Accounts: Detailed estate accounts are prepared, listing all transactions, including asset sales and debt settlements. The final balance is earmarked for distribution to the beneficiaries. These accounts are then reviewed.

This step can take a few weeks to a couple of months, depending on the complexity of the estate’s finances and how promptly transactions are processed and recorded.

Step 6: Finalising the Estate: The final step involves resolving any challenges to the estate. Once everything is settled, assets that beneficiaries wish to retain are transferred to them, and any remaining funds are distributed as dictated by the will or intestacy rules.

This final stage can be quite lengthy, particularly if there are legal challenges or disputes among beneficiaries. It can take several months to over a year to fully finalise the estate, especially in complicated cases.

Inheritance Tax explained

Inheritance tax (IHT) in the UK is a tax on the estate (property, money, and possessions) of someone who has died. How much inheritance tax is payable can significantly affect the probate process, including its duration and complexity. It’s crucial to understand the role of inheritance tax within probate, as it often forms a significant part of the financial responsibilities during estate administration.

Calculating inheritance tax

The first step in handling inheritance tax is calculating the total value of the estate. This includes everything the deceased owned at the time of death, minus their debts and liabilities.

The current inheritance tax threshold is £325,000 (as of the last update), meaning that no inheritance tax is due if the estate’s value is below this figure. However, any value above this threshold is typically taxed at 40%. It is important to note that there are certain exemptions and reliefs, such as assets passed to a spouse or civil partner, which can affect the amount of inheritance tax due.

Paying inheritance tax

One of the challenges inheritance tax poses is that it often needs to be paid before gaining full access to the deceased’s estate, which can create a cash-flow issue. In some cases, banks holding the deceased’s accounts will agree to release funds specifically for the payment of inheritance tax. Alternatively, the executor might need to explore other options, such as borrowing funds or paying in instalments, particularly when the tax is due on a property.

The necessity to assess, calculate, and pay inheritance tax can extend the duration of the probate process. After submitting the inheritance tax return and paying any due tax, the executor can apply for the Grant of Probate or Letters of Administration. This sequence underscores why understanding and efficiently managing inheritance tax is integral to the probate process.

Probate/Inheritance loans

In the UK, probate loans, often referred to as estate or inheritance loans, are a financial solution designed to help executors or beneficiaries manage financial obligations during the probate process. These loans provide immediate funds against the expected inheritance from the estate, enabling individuals to cover urgent costs like Inheritance tax, legal fees, or other estate-related expenses before the estate is fully settled. This can be particularly useful in situations where the estate’s assets are primarily tied up in illiquid forms, such as property. Probate loans are typically repaid from the estate once it is liquidated and the probate process is complete, offering a practical way to bridge financial gaps during what can often be a lengthy process.

Finalising inheritance tax affairs

Once probate is granted, and the estate is being administered, any adjustments to the inheritance tax calculation (due to assets for a different price, for example) need to be addressed with HM Revenue & Customs. Ensuring that all inheritance tax affairs are accurately finalised is a crucial part of responsibly settling the deceased’s estate.

How much does probate cost?

Probate fees and costs vary greatly depending on who carries out the work. Solicitors typically charge by the hour or as a fixed rate. When trying to work out how much the whole process is going to cost it’s best to contact a number of solicitors. They’ll be able to explain the probate process to you.

How much do solicitors charge for probate?

Solicitors often play a crucial role in the probate process, offering expertise in legal matters and estate administration.

Their fees can vary and are typically calculated either as a percentage of the estate’s value or as a fixed rate. It typically averages between 1 – 2% (+ VAT) of the total estate value.

However, this can vary, so it’s advisable to get quotes from multiple solicitors to compare costs and services. They will provide a detailed breakdown of the probate process and the associated fees.

Probate application fees

There are two classifications of fees when applying for probate via the Government website:

If the total value of the estate is £5,000 or more and you are applying yourself, the probate application fee is £215.00. If you are applying via a solicitor, the fee is £155.00.

If the total value of the estate is under £5,000 there are no application fees.

Do you have to use a solicitor?

The Money Advice Service says while in some situations it is wise to seek expert advice, it is common for relatives and friends to do the work of the Executor themselves. By doing this, you could save a good deal of money.

DIY probate

DIY Probate involves handling the probate process without the assistance of a solicitor. This approach can be a cost-effective option for straightforward estates.

Steps for DIY probate

1. Confirm if Probate is Needed: Not all estates require probate. This often depends on the assets’ value and how they were held.
2. Gather Necessary Documents: Locate the will, death certificate, and any other relevant documents.
3. Value the Estate: Assess the total value of the deceased’s assets and liabilities.
4. Apply for Probate: Complete the probate application form and submit it along with the required fee (if applicable).
5. Handle Inheritance Tax: Complete and submit the Inheritance Tax form, even if no tax is due.
6. Distribute the Estate: Once probate is granted, pay any debts and distribute the remaining assets as per the will or intestacy rules.

Tips for DIY probate

Stay Organised: Keep detailed records of all steps taken.

Seek Guidance: Utilise resources from the UK Government’s website for assistance.

Be Patient: Probate can be time-consuming, especially when handling it yourself.

When to seek professional help

DIY Probate is a viable option for simpler estates, but it requires diligence and a thorough understanding of the process. It’s crucial to assess whether you’re comfortable handling the estate’s legal and financial responsibilities before proceeding.

Consider consulting a solicitor if the estate:

• Is valued over the threshold for Inheritance Tax.
• Contains complex assets, like overseas property.
• Has beneficiaries who are minors or the will is contested.

Selling probate property during probate

Selling a house during probate can often be a practical decision.

One of the primary reasons is the need to liquidate the estate’s assets for equitable distribution among the beneficiaries. In cases where the deceased’s will specifies that beneficiaries are to receive monetary inheritances, the sale of the property can become essential to fulfilling these obligations.

Additionally, if the estate is indebted or owes significant amounts in taxes including inheritance tax, selling the property may provide the necessary funds to cover these liabilities, thereby ensuring that the estate is settled according to legal requirements and without leaving any financial burdens unresolved.

Another compelling reason for selling a house during probate is the practicality and maintenance concerns associated with keeping the property. Upkeep expenses, property taxes, and other ongoing costs can be substantial, and if the beneficiaries are not able to assume these responsibilities, selling the property becomes a viable option.

Moreover, in situations where beneficiaries live far away or have no emotional attachment or practical use for the property, the decision to sell is a pragmatic way to simplify the estate’s distribution. The sale of the property can also be driven by market conditions; if the real estate market is favourable, selling the property during probate might maximise the financial return, benefiting all parties involved.

Can you sell a house before probate is granted?

One of the most common questions in managing an estate is, “Can you sell a house before probate is granted?”

The short answer is – it depends. Generally speaking, while a property can be marketed for sale, the final transaction cannot be completed until probate is granted. This is an important consideration for Executors and beneficiaries, as it affects the timing and process of the property sale. However, there are instances when a property can be sold before probate.

Selling property during probate can involve navigating emotional and logistical challenges, especially when multiple beneficiaries have different interests or views on the sale. Clear communication and transparency are essential throughout the process. If beneficiaries disagree on selling the property, mediation or legal advice may be necessary to find a resolution.

The process of selling a property during probate

1. Valuation and pre-sale preparations: The initial step involves getting the property valued by estate agents to set a realistic sale price. Preparations may also be required to make the property more attractive to potential buyers.
2. Marketing the property: Although the property can be put on the market, it’s crucial to understand that the sale can only be finalized once probate is granted. This limitation should be clearly communicated to potential buyers.
3. Legal considerations and compliance: The executor or administrator must ensure that all legal requirements are met during the sale process, in line with the will or intestacy laws.
4. Finalising the sale after receiving a grant of probate: The completion of the sale process hinges on the granting of probate. Once this legal authority is obtained, the property sale can be concluded.

Proceeds from the sale of the property are typically used to pay off any outstanding debts or liabilities of the estate. This might include mortgages, personal loans, or taxes. After these obligations are met, the remaining funds are distributed among the beneficiaries as per the will’s directives or intestacy rules.

Intestacy explained

In English law, intestacy refers to the situation where a person dies without leaving a valid will. This absence of a will means that the deceased person’s estate must be distributed according to specific legal rules known as the rules of intestacy. These rules set out a clear hierarchy of beneficiaries who are entitled to inherit from the estate, ensuring that the assets are allocated in a structured and legally prescribed manner.

Understanding the rules of intestacy

The rules of intestacy prioritize close relatives of the deceased. The estate is first offered to the surviving spouse or civil partner. If there are no children, the spouse or civil partner inherits the entire estate. However, if there are children, the spouse or civil partner receives personal belongings, the first £270,000 of the estate, and half of the remaining estate, with the other half divided equally among the children.

In the absence of a spouse or civil partner, the estate is distributed to other relatives in a specific order: children (or their descendants if a child has predeceased the deceased), parents, siblings, half-siblings, grandparents, and finally uncles and aunts. In cases where there are both full siblings and half-siblings, the rules of intestacy treat them equally. This means half-siblings are entitled to a share of the estate on the same basis as full siblings if there are no closer relatives entitled to inherit.

If no relatives are found, the estate passes to the Crown under the rules of bona vacantia.

The role of administrators in intestacy

Since there is no executor named in a will (as there is no will), an administrator must be appointed to manage the estate.

Typically, this role is taken by the closest relative who is entitled to inherit under the rules of intestacy. The administrator has similar responsibilities to an executor, such as valuing the estate, paying off any debts, and distributing the assets according to the intestacy rules.

The importance of making a will

Intestacy can sometimes lead to outcomes that the deceased might not have intended or desired. This highlights the importance of making a will, which allows individuals to specify exactly how they wish their assets to be distributed after their death.

A will allows for the appointment of executors and can include provisions for guardianship of children, specific legacies, and donations to charities, ensuring that one’s final wishes are clearly expressed and legally enforceable.

Intestacy can sometimes result in distributions that the deceased might not have intended. For example, a person may have wished for a long-term partner, stepchild, close friend, or charity to benefit from their estate, but without a will, these wishes cannot be fulfilled. Intestacy strictly follows the legal hierarchy, which might not reflect the deceased’s relationships or intentions.

One common scenario where intestacy can go awry is in blended families. For instance, if a stepparent who hasn’t formally adopted their stepchildren passes away without a will, those stepchildren would not automatically inherit anything, even if they were the primary focus of the stepparent’s life. This situation underscores the importance of a will in ensuring that one’s assets are distributed according to their specific wishes and circumstances.

In summary

Probate is a term used to mean both the legal process of administering a deceased person’s estate and the formal legal authority to do so.

It is essential in instances where an estate includes significant assets or property and ensures legal and orderly asset distribution. The executor, appointed in the will, or an administrator, in cases without a will, oversees the valuation of assets, settlement of outstanding debts, and distribution of the estate in compliance with the will or intestacy laws.

Obtaining a grant of probate typically takes 4-8 weeks, but the full probate process can extend for much longer, potentially as far as 9-12 months. The duration of the probate process is influenced by various factors, such as whether detailed inheritance tax assessments or property sales are required.

While simpler estates may be suitable for DIY probate, when dealing with more complex cases professional legal guidance is recommended. This ensures compliance with legal requirements and respects the deceased’s final wishes.

A solid understanding of probate is indispensable for effectively managing the estate of a person who has passed away. This guide aims to provide a clear roadmap for navigating the probate journey, equipping you with the knowledge needed for informed decision-making in estate administration.

Has this article been helpful? Let us know by leaving a short comment below.

Frequently asked questions