Dealing with the loss of a loved one is never easy, and the legal process that follows can feel overwhelming. One of the biggest concerns people have about probate is how long it takes. In this guide, we’ll break down the probate process into clear stages, explain typical timeframes, and give you practical tips on how to keep things moving smoothly.
What is Probate?
Probate is the legal process of administering someone’s estate after they pass away. This includes validating their will (if they have one), settling debts, paying any taxes, and distributing their assets to beneficiaries. The length of time probate takes depends on various factors, including the complexity of the estate, whether disputes arise, and how efficiently paperwork is handled.
Key Stages of Probate & How Long They Take
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Gathering Information & Applying for Probate (4-8 Weeks)
Before probate can officially begin, the executor (if there’s a will) or administrator (if there’s no will) must:
- Obtain the death certificate
- Locate the will (if there is one)
- Gather details of all assets and liabilities (property, savings, debts, etc.)
- Complete an inheritance tax return (if required)
- Submit an application for the Grant of Probate (or Letters of Administration if there is no will)
This initial stage usually takes 4 to 8 weeks, though it can be quicker for straightforward estates or longer if valuations are complex.
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Waiting for the Grant of Probate (8-16 Weeks)
Once the application is submitted, the Probate Registry reviews the documents and issues the Grant of Probate (or Letters of Administration). This legal document allows the executor to manage the deceased person’s estate officially.
The wait time for probate approval varies but typically takes 8 to 16 weeks, depending on workload at the Probate Registry and whether additional information is required.
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Gathering Assets & Paying Debts (8-12 Weeks)
After receiving the Grant of Probate, the executor can begin:
- Closing bank accounts and collecting funds
- Selling or transferring property
- Paying outstanding debts, including any taxes due to HMRC
This stage can take 8 to 12 weeks, but delays may occur if there are complications, such as disputes over asset distribution or difficulties selling property.
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Distributing the Estate (4-8 Weeks)
Once all debts and taxes have been settled, the executor can distribute the remaining estate to beneficiaries according to the will (or intestacy rules if no will exists). This final step typically takes 4 to 8 weeks, but it may take longer if there are multiple beneficiaries or legal challenges.
Total Timeframe: How Long Does Probate Take Overall?
For a simple estate with no complications, probate can take around 6 to 9 months from start to finish. However, if there are disputes, missing paperwork, or complex assets (such as overseas property), the process can take over a year.
What Can Delay Probate?
Several factors can slow down probate, including:
- Disputes between beneficiaries – Family disagreements over inheritance can lead to legal challenges.
- Complex assets – If the estate includes property, businesses, or overseas accounts, it may take longer to value and distribute them.
- Missing or incorrect paperwork – Delays often occur if there are errors in the probate application or missing documents.
- Unresolved debts and tax issues – HMRC may require additional information before inheritance tax is finalised.
How to Speed Up the Probate Process
While some delays are unavoidable and entirely outside of your control, here are some tips to keep probate moving smoothly:
- Be organised – Gather all necessary documents, including wills, bank statements, and property deeds, as early as possible.
- Seek professional help – A probate solicitor can ensure forms are completed correctly and submitted promptly.
- Communicate with beneficiaries – Keeping everyone informed helps prevent disputes and confusion.
- Settle tax and debts quickly – Addressing these early can prevent hold-ups later in the process.
Need Help with Probate?
At Barker Booth & Eastwood Solicitors in Blackpool, we understand how daunting the probate process can be. Our experienced team can guide you through every stage, ensuring everything is handled efficiently and with minimal stress. Whether you need full probate assistance or just some advice, we’re here to help.
If you are trying to manage probate whilst juggling work, parental responsibilities and are finding the grief is very painful, it can be a weight lifted to have the responsibility shared with a trusted solicitor.
Contact us today to discuss your situation and see how we can support you.
