When is probate granted in the uk

However, the process is largely the same. In the UK the process, as a whole, varies hugely depending on a number of factors including whether the deceased had a will and if there was an executor named within that will. As a result, probate in the UK can take varying lengths of time depending on the circumstances. First of all, it is important to remember that not all people will need to go through the process of dealing with probate.

For example, in some instances there is only jointly-owned assets property and money , which pass to the spouse or civil partner of the person that has died. By the right to survivorship, production of the death certificate transfers ownership to the surviving joint owner so there is no requirement for probate.

Find out more about the probate and estate administration process. Of course, the process may not follow these steps exactly, and for many it is their first time dealing with probate. At Hegarty Solicitors we specialise in the probate process, from the point at which someone dies — we understand there can be a lot of complexities to make sense of, so we always offer you clear guidance and bespoke advice.

Find out more about our probate fees. In addition to the inheritance tax forms, Executor s or Administrator s will need to complete a Statement of truth. They must confirm that the information provided in their application for a Grant of Representation is true and that the estate will be distributed according to the law and the wishes of the will.

Under normal circumstances, timescales can vary hugely, but for the simple application for a Grant of Representation, this can normally be dealt with within 6 to 8 weeks. The Grant itself will normally be issued by the Probate Registry within weeks.

However, recently we have experienced delays of weeks in some cases. When it comes to then administering the estate e. Depending on how complex the assets are for example, depending on whether property, shares and investments are involved , then the timeframes can be significantly extended. For a straightforward estate without property , then this could be administered within 4 to 6 months.

In more complicated scenarios, and if Inheritance Tax needs to be factored in, then the probate could take up to 12 months to complete. You can understand more and change your cookies preferences here. A grant of probate confirms the authority of executor to administer the estate of someone who has died, which includes tidying up their affairs and distributing their assets to their heirs.

Before you're able to deal with the deceased person's assets - such as their bank accounts - you'll need to obtain legal authority to act. In England, Wales and Northern Ireland this is called a grant of probate; in Scotland it's a grant of confirmation. In the vast majority of cases, you'll need to obtain a grant of probate to act as the executor of someone's estate.

To find out whether you can distribute someone's estate without applying for probate, the executor will need to write to each institution, such as banks or investment brokers, informing them of the death and providing a copy of the death certificate. If someone dies without a will , the process is called applying for letters of administration. Find out precisely what you need to do with our downloadable probate checklist from Which? Breaks down every stage of the process into manageable tasks.

Before you file the forms applying for a grant of probate, you'll need to value the size of the estate. First, you'll need to register the person's death. This needs to be done within five days in England, Wales and Northern Ireland, and eight days in Scotland. It's a good idea to buy extra copies of the death certificate at this stage. You will need to go through the deceased's papers and bank statements to establish their assets and liabilities, and find records of any other accounts they hold.

For some estates, this is straightforward, but others are far more complex, with multiple investments, properties and personal belongings to consider.

When the death is registered, you should receive an identifier for the government's Tell us Once service , which allows you to contact various government departments in one go. For each financial institution that the deceased had an account with, you'll need to send them a certified copy of the death certificate and ask for a final statement.

The same applies for any other particularly valuable assets — for example, a wine collection or artworks. Find out more: valuing a property — read our step-by-step guide to working out how much a property is worth. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers.

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You must have JavaScript enabled to use this form. Enter a valid email address. This is called contentious probate, which may result in the parties having to go to court with their solicitors.

But while there are some things you can't change like the current backlog at the probate registry , there are a few ways you can speed up the probate process:. If you can't find an inventory, search through paperwork as soon as you can to make a list of the assets within the deceased's estate.

If there's a will, track it down as soon as possible and make sure it isn't tampered with — this includes unbinding it or adding any markings. You should also familiarise yourself with the rules of intestacy. Contact financial organisations straight away to notify them of the death, and ask for confirmation of date of death valuations for all assets and debts.

Get the house valued as soon as possible — you can find out more about valuing assets for probate. Don't apply for probate yourself unless you're comfortable with all the jargon — the smallest mistake could add months of delays at the probate registry.

Choose a probate specialist who can guide you, prepare your probate application and submit it to the probate registry in good time. At Farewill, we gather all the information we need as soon as you're ready and get it over to our legal team. They'll then prepare and send the application to you in as little as 7 days. Once everything has been signed and sent back, it'll be submitted to the probate registry for approval.

Article reviewed 26 March What information do you need before applying for probate? At Farewill we're making everything to do with death easier, friendlier and more affordable. We provide probate, wills and funerals with a difference, and so far we've helped over 60, families in the UK. Skip navigation. Guides Probate. June Yap Probate Lead.