If someone dies with a valid will in place, a grant of probate is needed to ensure the correct handling of their assets. If the person dies intestate (without a valid will), then a Letter of Administration is needed for the next of kin to handle the estate. But how long does probate actually take in England and Wales? This blog covers all you need to know.
Grant of Probate
If the deceased had a valid will, a grant of probate will be issued, but how long this could take relies on a few things. These include:
Locating the will – If the deceased did not store the will with a registered company or inform their next of kin about the location of their will, this could hold the process up.
Missing Assets – If the will does not truly reflect the deceased’s assets, it will cause a delay.
DIY will – If a will has been drafted poorly or is a DIY will. It may not even be valid.
Inheritance tax – If the estate is likely to bring an inheritance tax bill, then the HMRC must be informed.
A grant of probate could take up to six months if any of the above issues occur. Without any problems, it should only take four to twelve weeks.
Letter of Administration
A letter of administration is needed when there is no will in place for the deceased. It usually takes between four to twelve weeks to receive this. Once the letter of administration is received, the administering of the estate can begin. Potential delays with this are:
- Inheritance tax
- The deceased was abroad when they died
- Complex shares with companies
- Assets that are hard to track
The Probate Process
The probate process takes around six to twelve months to complete, with nine months being the average. The reason for the scale is that each individual case will differ slightly, and some are more complex than others. The size of the estate will also be a factor.
Once the process has been completed correctly, and the grant of probate has been sent to the financial institution along with the closure form and death certificate, the money is usually released within two to fifteen days. It can take one to six months to receive the inheritance.
Contact Probate Forms for professional probate advice on 0209 9859553.
