One of the most common questions families ask when dealing with a bereavement is how long the probate process will take. The honest answer is that it varies considerably, and some of the factors that cause delays are within your control while others are not. Here is a realistic guide to what to expect.
Typical timescales
A straightforward estate, one with a clear will, modest assets and no property to sell, can sometimes be administered in a matter of months. A more complex estate, involving property, multiple beneficiaries, a business interest or assets held abroad, will typically take considerably longer. A year to eighteen months is not unusual for a complex administration, and disputed estates can take significantly longer still.
As a rough guide, obtaining the grant of probate alone, once all the necessary information has been gathered and submitted, currently takes a number of months due to backlogs at the Probate Registry. The full administration of the estate then continues after the grant is issued.
What causes delays?
Several factors commonly extend the process. Property sales are one of the biggest. If the estate includes a property that needs to be sold before the estate can be fully distributed, the administration cannot be concluded until the sale completes.
Correspondence with HMRC is another frequent cause of delay. Where inheritance tax is payable, or where a full inheritance tax account needs to be submitted, HMRC must process this before the grant can be issued. HMRC can take several months to respond, and queries or corrections extend this further.
Correspondence with DWP regarding benefits or state pension may also delay matters and DWP can take many months to confirm whether funds are due to or from the estate.
Missing assets or incomplete records can also slow things down significantly. Tracking down older pension policies, dormant bank accounts, share certificates or premium bonds takes time, and in some cases assets only come to light well into the administration.
Finally, beneficiaries who are difficult to locate, or whose identity needs to be verified, can add considerable time to the process.
What can families do to help?
The single most useful thing families can do is gather as much information as possible early on. This means locating the original will, collecting recent bank and investment statements, finding any mortgage or loan documentation, and making a list of all known assets and liabilities.
If the deceased left organised records, this process is considerably easier. It is worth noting that making your own records clear and accessible is one of the kindest things you can do for the people who will one day administer your estate.
Responding promptly to requests from solicitors, HMRC or financial institutions also makes a real difference. Delays in returning signed forms or providing identification can add weeks to the process at each stage.
How Milne Moser can help
Our probate team handles estate administration of all sizes and complexities. We can take on the full administration on your behalf or provide more limited assistance where you prefer to manage parts of the process yourself. We will always be clear about timescales and costs from the outset, and we will keep you updated throughout.
If you need help following a bereavement, please do not hesitate to get in touch.
