The administration of a deceased person’s estate and obtaining the Grant of Representation (Probate or Letters of Administration) following the death of a loved one is a task that comes with a series of legal obligations and deadlines, legal and tax forms which are defined as part of the legal process. In this blog, we have detailed many of these key dates and set about answering a fundamental question we are often asked, which is "How long does Probate take"?

Essential Guide: Probate: How Long Does It Take?

Many people will not be aware of the process nor the key dates which must be observed following a person's death. These dates are not just bureaucratic formalities—they are essential checkpoints that ensure the estate is settled correctly and fairly whilst limiting any personal liability on the personal representatives (the executors or administrators). Whether you’re an executor, beneficiary, or a family member navigating the legal process, understanding these critical dates can help you avoid costly mistakes and unnecessary delays.

How long does the probate process typically take?

Generally speaking, the probate process typically takes about 9-12 months to complete from the date of a person's death, even for what might be considered a relatively straightforward estate but it can vary depending on the complexity of the estate, including larger estates, the types of assets, the number of people benefitting from the estate, potential disputes, and court caseload. Executors should be prepared for it to take longer in some cases due to unforeseen delays.

1. The Date of Death

Significance: The date of death is the starting point for estate administration. It determines the valuation date for the deceased’s assets and liabilities, including any outstanding debts and is used to calculate inheritance tax (IHT).
Key Actions: Once you have obtained the Death Certificate, notify relevant institutions, such as banks, pension providers, life insurance companies. Begin compiling an inventory of the deceased's assets and liabilities. You can use the Government's Tell Us Once Service to assist with this.

2. Application for Grant of Probate (or Letters of Administration)

Significance: Assuming the validity of the Will, before administering the estate, you as Executor must apply for a Grant of Probate if there is a Will or Letters of Administration as the administrator of the estate if there is no Will. This legal document gives you the authority to deal with the deceased’s estate.
Deadline: There is no specific deadline for applying for probate, but delays can prevent beneficiaries from receiving their inheritance and may lead to additional costs.
Actions Required: Complete and submit the necessary forms to the Probate Registry, including the original documents, such as the Will (if applicable) and an Inheritance Tax return.

3. Notice to Creditors

Significance: As an executor or administrator, you must advertise for creditors, giving them an opportunity to come forward with claims against the estate. This protects you from personal liability if a creditor emerges after the estate has been distributed.
Deadline: The notice should be published in The Gazette and a local newspaper as soon as possible after you receive the Grant of Probate or Letters of Administration.
Actions Required: Publish the notice and wait at least two months for creditors to submit their claims.

4. Inheritance Tax (IHT) Payment

Significance: Inheritance Tax is usually due if the estate exceeds the tax-free threshold (£325,000 as of the current tax year) and there are no other exemptions or reliefs, making it vital to calculate and settle inheritance tax liabilities. The payment must be made before the Grant of Probate is issued, typically by the end of the sixth month after the person's death.
Deadline: IHT must be paid within six months from the end of the month in which the deceased died. If you miss this deadline, interest will accrue on the unpaid amount.
Actions Required: Submit the relevant tax and pay any tax due to avoid interest charges.

5. Estate Tax Return Filing

Significance: For estates that exceed the value of the estate tax-exempt limits, an estate tax return must be filed within six months of the date of death. This can be a significant deadline, as failing to file on time can result in substantial penalties.
Key Actions: Work with a professional to prepare and file the estate tax return. Consider requesting an extension if needed, but be aware that tax payments are still due by the original deadline.

6. Valuation of the Estate

Significance: Accurately valuing the estate is crucial for determining the amount of IHT payable. This includes all assets, such as property, bank accounts, and personal possessions, as well as any debts, impacting the entire probate process.
Actions Required: Obtain professional valuations where necessary and ensure all assets are accurately reported on the IHT forms.

7. Filing of Final Income Tax Returns

Significance: The deceased’s final income tax return is due by April 5th of the year following their death. Additionally, the estate itself may generate income during the administration period, requiring its own tax return.
Key Actions: File the deceased’s final tax return and any required estate tax returns. Paying taxes promptly can help avoid penalties and interest charges.

8. Asset Distribution

Significance: Once debts, taxes, and administration expenses are settled, the remaining assets must be distributed to the beneficiaries. This step marks the culmination of the probate process. There is a law known as the executor's year, which indicates that an executor has 12 months to distribute or else interest will become payable on legacies. It is advisable to wait 6 months from the receipt of the grant of representation before making any distributions to allow for any claims to be made against the estate.
Key Actions: Execute the distribution plan as outlined in the Will or by law. Ensure all beneficiaries sign receipts acknowledging they have received their inheritance.

9. Claims Against the Estate

Significance: After the notices are published, creditors have a two-month period to make claims against the estate. Executors must consider these claims before distributing the assets.
Actions Required: Assess the validity of any claims and settle them from the estate’s funds before making any distributions to beneficiaries.

10. Closing the Estate

Significance: The estate can be officially closed after all assets have been distributed, and a final estate account is approved by the beneficiaries and, if necessary by the court, which may include the need to close bank accounts and contacting utility companies. This final step releases the executor from their duties.
Key Actions: Prepare a final accounting report detailing all financial activities of the estate. Submit this report to the beneficiaries and the court for approval and retain copies for the estate’s records.

Conclusion - How long does Probate take?

The Probate process in itself is only part of the overall Estate Administration. Navigating the probate application process and timeline of estate administration requires careful attention to detail and adherence to specific legal deadlines, including providing additional information when required. Each critical date in this part of the process plays a vital role in ensuring that the estate is managed according to the deceased’s wishes and legal requirements. Executors and administrators who stay organised and seek professional advice from a qualified and experienced probate practitioner and guidance when necessary can fulfill their responsibilities with confidence, ultimately bringing the probate process to a smooth and lawful conclusion. A personal representative should expect to be administering the estate for 9 - 12 months, if not longer.

Probate: How long does it take? Key Dates You Need to Know