Probate refers to the process of dealing with an estate after someone has died. It usually includes obtaining a Grant of Probate from the Probate Registry. This is the legal document that provides the executors with the authority they need to deal with the estate administration. We look at the process of applying for a Grant of Probate and answer the question, how long is probate taking the moment?

At Lockings Solicitors, we offer a full probate service, from applying for a grant to administering and distributing the estate. Our probate team are highly experienced and routinely deal with complex and high-value estates. We liaise with colleagues in other departments where necessary, including in respect of conveyancing and dispute resolution.

If you need help applying for probate, please contact us today. Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will ring you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.

What is probate?

The term probate is generally used to refer to the estate administration process. After someone dies, their personal representative needs to wind up their affairs. This is done by their executor or, if they did not leave a Will, their administrator.

The executor or administrator needs to calculate the value of the estate and will usually need to apply for a Grant of Probate or, if there is not a Will, a Grant of Letters of Administration.

Once they have this, they can deal with the deceased’s property and finances and pass on the estate to the beneficiaries.

Who applies for probate?

If the deceased left a Will, this will appoint one or more executors to deal with the estate administration. They are entitled to apply for a Grant of Probate. If more than one executor is appointed, then they can decide who will deal with the application and named executors may be able to have ‘power reserved’ if they wish. This means that they will not take any part in the administration process, but can choose to be involved at a later date if necessary.

If the deceased did not leave a Will, then their estate will pass according to the Rules of Intestacy to close family members. For example, if the deceased left a spouse and children, then the spouse will inherit the first £322,000 of the estate together with all of the deceased’s personal possessions. The remainder is split in half and the spouse takes one half with the children sharing the other half equally. It is generally the case that someone who is entitled to inherit will take on the role of estate administrator and apply to the Probate Registry for a Grant of Letters of Administration.

How do I apply for probate?

The first step is to value the estate. All of the deceased’s assets and liabilities must be taken into account, including property, valuable items and investments. Liabilities will include mortgages, credit card balances and loans. The total liabilities are deducted from the total assets to give a net value for the estate. In most cases, it will be necessary to apply for a grant, unless the estate is small. If the estate includes property, a grant is always needed.

The net value of the estate will also determine whether Inheritance Tax is payable. This can be a complicated calculation and if you would like help in determining whether tax will be due, our team can assist. If Inheritance Tax is owed, then the next step is to fill in the tax forms and pay the tax to HMRC.

Once the tax has been paid, the application for a grant can be sent to the Probate Registry.

How long is probate taking at the moment?

It is likely to take at least two months to reach the point at which you can apply for a grant, as you will need a response from all asset holders and creditors of the deceased to enable you to value the estate.

The length of time taken for the Probate Registry to issue a grant depends on their workload but can often be three or four months. If they need to come back to you with enquiries or they need further information, this can delay matters substantially.

The total time to administer an estate can be around a year, depending on the assets held by the deceased. If they owned property which needs to be cleared and sold, this alone can take many months and will depend on the property market in the area.

Our team always works proactively to wind up an estate promptly. We have the experience to deal with complications effectively and we always aim to avoid delays wherever possible.

What do you do once you have probate?

Once the Grant of Probate or Grant of Letters of Administration has been issued, the executor or administrator will need to send a copy of the grant to all of the asset holders. They will then be able to close accounts. Property can be marketed and sold and all debts will need to be cleared.

In some cases, it is recommended that statutory advertisements are placed in the Gazette and local newspaper asking for unknown beneficiaries and creditors to come forward. This is important in certain circumstances so that executors and administrators can demonstrate that they have done everything possible to locate individuals.

Executors and administrators will be personally liable for mistakes that cause a loss to the estate, so it is important to ensure that the correct process is followed throughout.

At Lockings Solicitors, we can deal with the whole of the estate administration on behalf of executors or administrators. The process can be time-consuming and is not always straightforward. Using professional probate solicitors can ensure matters go as smoothly as possible and can also help avoid disagreements or misunderstandings between family members at what is a difficult time for everyone.

Contact our probate solicitors

If you need help with a probate application or estate administration, contact us today and we will do all we can to assist.

Call us on 01482 300 200, email us at welcome@lockings.co.uk or fill in our Free Online Enquiry and we will call you back promptly. We have offices in Beverley, Hull and York and represent clients across the UK and abroad if the matter relates to English property and estates.