If an application for probate is filed after 6 months from the date of death of the deceased, an explanation must be given to the court accounting for the delay. This can be done by either including an explanation in the affidavit of executor or lodging a separate Affidavit of Delay.
Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months. If there is no Will or the Estate can not easily be valued or identified then the process may take longer, likely more than 12 months.
Where the executor has not paid the legacy to the beneficiary within 12 months from the date of death, the beneficiary is entitled to claim interest until the legacy is received.
There is no timeframe for finalising an estate. The timeframe depends on how simple or complex the estate's finances are. It is advisable to wait for six months after obtaining a grant of Probate before distributing the estate of the deceased.
The legal process of probate can take as little time as 6 months or as long as 2 years. There are several factors on how long the process will take. The complexity of an estate will extend the process, as well as cases where heirs dispute the will.
Inheritance Claims
As this type of inheritance act claim must be made within six months of probate being granted, solicitors often hold onto money owned by the estate until this time-period has elapsed. This ensures the estate has the assets required should an inheritance act arise.
Not having access to the deceased's paperwork or financial information is one of the most common reasons for a delay in an application of probate.
You should wait 10 months before distributing the estate because claimants who want to challenge a Will have six months from the issue of a Grant of Probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”).
If you need to close a bank account of someone who has died, and probate is required to do so, then the bank won't release the money until they have the grant of probate. Once the bank has all the necessary documents, typically, they will release the funds within two weeks.
Probate and letters of administration are together referred to as 'grants of representation'. Is there a time limit on applying for a grant of representation? No. However, if more than three years have passed since the date of death of the deceased, you need to explain the delay in your affidavit .
If there is unreasonable delay however you should write to the Executor, pointing out his obligation to keep all beneficiaries updated on the progress of managing the Estate. You can also demand that the Executor provide an “account” of the Estate which should outline how much you are due to receive.
Beneficiaries are also entitled to receive an accounting of the estate from the executor. This means that the executor must provide proper accounting for the estate's assets and expenses, in legal court format, to beneficiaries in a timely manner.
Applying for a grant of probate
Generally speaking, it should take between four weeks and three months to apply for a grant of probate. The amount of time it might take for you depends on a number of factors, including: Whether there is an inventory present within the will. The size and intricacy of the estate.
There are sometimes delays at the Probate Registry and this process can take months. Using a solicitor to make sure that all of the forms are correctly completed can be useful and save time at this point.
The Covid-19 pandemic was a major contributing factor to these delays and at the peak in 2020 applicants were waiting 6 months or more to receive a Grant. The Courts have worked hard to try to reduce the backlog and waiting times started to come down to around 8 weeks earlier in 2022.
Probate involves a significant amount of legal, tax and administrative work which can be very time consuming and if this work is not completed in a timely manner, the probate process will inevitably take longer.
In many cases, if most of the assets have been collected then an interim payment can be made to the beneficiaries, as long as enough funds are kept back to cover any outstanding costs. Once these final costs or disbursements have been paid, the remaining funds can be distributed to the beneficiaries.
Technically, you cannot complete a sale of a property before getting the Grant of Probate and an application for probate can take a while to process. The Grant of Probate allows the executor authority to proceed with distributing and handling the assets within an estate, including property.
What happens if I don't apply for probate? If you don't apply for probate when it's needed, the deceased's assets can't be accessed or transferred to any of the beneficiaries. Probate gives a named person the legal authority to deal with the assets. Without this authority, they can't do anything with the assets.
By waiting ten months, the executor has the chance to see whether anyone is going to raise an objection. There are six months from the date of the Grant of Probate in which to commence a claim under the Inheritance (Provision for Family and Dependants) Act 1975 and a further four months in which to serve the claim.
You'll usually get the grant of probate or letters of administration within 16 weeks of submitting your application. It can take longer if you need to provide additional information.
Someone with an interest in an estate (i.e. someone who would be entitled to an inheritance under another will or under the rules of intestacy) may prevent probate from being granted by entering what is known as a 'caveat' at the Probate Registry.
Firstly, a probate search can be carried out on the Government's website at the dedicated Probate records search service. By entering the deceased's name and date of death you will be informed if the Grant has been issued and can obtain a copy of the Grant and the relevant Will for a small fee.
Stopping the grant being issued is a simple process. Entering what is known as a 'caveat' at the Probate Registry stops the issue of the grant for a period of six months.