What is the probate process and how long does it take?

If you are made the executor of someone’s will when they die, you are responsible for ensuring their wishes are carried out. This process is known as probate.

Summary 

• Probate is the process of administering someone’s estate.

• The probate process can take up to 12 months, although it can be quicker.

• There’s a lot to sort under the probate process, but you can get help.

• A financial adviser can help with the probate process. 

The probate process is a new experience for most executors, so here’s a useful guide to help you understand what is involved and how to carry out your responsibilities successfully. 

Even if you’re not an executor but a beneficiary, this guide explains the process and how long you might have to wait before receiving any inheritance. 

What is probate?

Probate broadly means ‘getting official permission to carry out the wishes in the will.’ 

However, the term is more commonly used to describe the process of administering someone’s estate, from getting court permission to paying the inheritance tax (IHT) bill and dividing assets.  

How long does the probate process take?

The probate process can take up to 12 months, from the date of the person's death to the estate being distributed. It may take less time, but even simple estates usually take at least six months to complete probate. 

Once a grant of probate has been issued, it should take six weeks for the estate to be distributed.  

We’ll now run through how long probate will take in specific scenarios.

How long does probate take with a will? 

If there’s a will, this doesn’t necessarily make the probate process any faster, as the process is the same if you don’t have one. 

So, it’ll be around the average of nine to 12 months, although it can be faster or slower than this.

How long does probate take without a will? 

The average time to go through the probate process is unlikely to change without a will. 

How long after probate is granted does it take to receive any inheritance? 

Once probate is granted, it takes between six and 12 months to receive any inheritance, but this can be impacted by any delays and any complexity in the estate. 

Is there a way to speed up the probate process? 

There’s no way to speed up the probate process, but providing accurate information in your application can help you avoid any delays. 

You may be able to ask the Probate Registry to speed up your application in exceptional circumstances, but it’s not guaranteed that it’ll be processed any quicker.  

What is the quickest way to get probate? 

You can make the probate process as efficient as possible by hiring a solicitor who can apply on your behalf. 

An experienced solicitor can fill in the form and avoid any mistakes or inaccuracies, which can result in delays. 

What can delay probate? 

Many factors can delay probate, including:  

• Issues with the will, including invalid wills

• Delays from  third party

• Disputes with the will

• The death of the executor(s)

• Issues with inheritance tax

• Problems finding family members

• Missing or inaccurate information on the probate form 

You should always ensure your will is drawn up by a professional to avoid any mistakes that could invalidate it. 

Can I check the progress of my probate application? 

You can check the progress of your probate application online or by getting in touch with your solicitor if you’ve hired one to do the application on your behalf.

Who is the executor of the Will?

The person who has to carry out the steps in the probate process is the executor. 

Usually, the deceased will name an executor in their will and can choose up to four people. If the deceased hasn’t named anyone, their next of kin will be an executor.  

This is why it’s always important to choose an executor and to make a will in the first place, as the next of kin won’t necessarily be the best person to take on this responsibility. 

You can be appointed as executor without being asked. If you really don’t want the responsibility, you can apply to ‘renunciate’ (renounce your responsibility) through the courts.

What are an executor’s responsibilities?

Executors are responsible for paying outstanding debts from the estate and distributing assets to beneficiaries. 

The list of tasks includes: 

• Gathering all assets in the estate

• Valuing the estate

• Calculating and repaying any debts such as a mortgage, loan or credit card balance

   

• Completing IHT forms and making payments

• Paying funeral costs

• Making distributions to beneficiaries

• Drawing up accounts to show how the estate has been administered 

This may sound daunting, but you can appoint a solicitor to handle the process on your behalf and may be able to pay them out of the estate if you get permission from the beneficiaries. 

Learn more: what is a DIY funeral? 

Do you need to apply for grant of probate?

To administer a person’s will as executor, you usually need permission from the court first. 

This process is called applying for a grant of probate. If the person hasn’t left a will, it is called applying for a grant of letters of administration. 

You don’t need to get a grant of probate if one of the following applies: 

• The estate is small.

• The estate is made up of cash and personal possessions.

• All the estate was held jointly, in which case it automatically passes to the survivor.

• The deceased had a joint bank account.

• The estate is insolvent, so there’s not enough money to cover all debts, taxes and expenses.

• There are specific life insurance policies or pension benefits. 

When is inheritance tax payable?

Whether you must file an IHT return for the deceased depends on a few factors.  

If the person died after 1 January 2022, the estate is classified as excepted (those that are low value, exempt or the person was not UK domiciled), and the deceased was living in the UK, you don't need to file one. 

For those who do, it should be filed at the same time as applying for the grant of probate. 

You submit the two forms together. It can help to get IHT planning advice at this stage to ensure you’re paying the correct amount and handling everything in the most tax-efficient way. 

You have to pay any inheritance tax before a grant of probate is issued. 

You can make the payment until the end of the sixth month after the person's death (so, if the person died on 14 June, you would have until 31 December to pay). 

If you don’t have enough money to cover the payment, you can pay in instalments, or you may be able to take out a loan that you would pay off once the estate is distributed.   

How does the probate process work?

Probate typically takes between nine months and a year to get everything settled. 

Here are the main steps you need to take if you’re an executor: 

1. Register the death: You need to do this within five days of the date of death in England, Wales and Northern Ireland, and eight days in Scotland. This step is to get the death certificate, which you’ll need to start executing a will. 

2. Inform organisations and beneficiaries: Contact companies the deceased dealt with, such as their bank, utility company and insurance providers, so they can close the account and stop any extra charges. You should also inform any beneficiaries they are entitled to a share of the estate as soon as possible. 

3. Submit grant of probate and IHT forms: Both forms can be found and submitted online, but you will need to send paper versions of some documents, like the will. There’s a lot of detailed information to include, so look online for a checklist to ensure you don’t miss anything. It should take around eight weeks for probate to be granted, but it can take longer if there is anything missing or incorrect on the forms. 

4. Pay inheritance tax: You may need to take out a loan to do this (as the bill will be due before assets of the estate are released), so it’s worth making arrangements quickly. 

5. Pay off debt: This includes liabilities such as credit card balances, mortgages or other loan agreements but excludes student loans. You may need to come to an agreement with the creditor to pay the debt if there isn’t enough in the estate to cover it. 

6. Claim on life insurance: If the person who died has a life insurance, mortgage or funeral insurance policy, contact the provider to claim the payout. This sum may cover the IHT bill or funeral costs. 

7. Share out the assets: Everything remaining should be shared with beneficiaries according to the wishes in the will. If someone named in the will has died, their share will usually go back into the estate to be divided between the remaining beneficiaries, unless the will states that their share should go elsewhere.

What happens when a Will or probate is contested?

In situations where people believe the will is invalid or probate hasn’t been executed properly, they can contest it. 

To do this, they must lodge a caveat with the Probate Registry, which will stop probate from being issued until the dispute is resolved. The caveat expires after six months but can be renewed. 

What are the costs related to probate?

You need to pay an application fee of £300 for a grant of probate if the estate is worth over £5,000. 

Other costs you need to factor in are inheritance tax, which the estate may reimburse you for, and solicitor fees if you decide to have a professional manage it all for you. 

Other probate FAQs

Do you need probate for premium bonds?

The process for cashing in Premium Bonds after someone dies depends on the amount they owned. NS&I requires a grant of representation if the bonds exceed a certain value. 

While banks may go up to £50,000, NS&I's limit is £5,000. 

So if the deceased had over £5,000 in Premium Bonds, you'll need probate or letters of administration to access the money. 

Do you need probate to sell a house?

Typically, a house can't be sold until probate is granted. Without the legal paperwork, the executor lacks the authority to sell the property on behalf of the estate. 

Attempting to sell before getting probate can create legal issues later. 

However, there are some exceptions. If the home was jointly owned with a surviving partner, they may be able to sell without probate. 

Or, if the deceased set up a trust owning the property, the trustee could potentially sell it without needing to go through probate first. 

In most cases, it's advisable to wait for the probate process to finish before listing the property. 

Do you need probate if your wife or husband dies?

You may or may not need to go through probate if your wife or husband dies depending on how your assets were owned. 

In general, probate isn't necessary if everything is jointly owned, like your home, bank accounts, building society accounts and savings accounts. 

However, probate is often needed if the deceased spouse had over £10,000 in assets solely in their name. 

Some examples requiring probate include:  

• Individually held bank accounts

• Personal savings accounts not jointly owned

• Pension funds in the late spouse's name

• Shares owned by the deceased

• ISAs held only in their name

• Life insurance policies  

Seeking financial advice

A financial adviser can help you manage the more challenging aspects of probate, such as inheritance tax, life insurance, trusts and liquidating assets for distribution. 

 Unbiased can quickly connect you with a qualified financial adviser regulated by the Financial Conduct Authority (FCA).