Probate is the process by which the assets and estates of a deceased person are distributed, but also, it’s the honouring of their last wishes, and a commitment to leaving the world a little shaped to their preference. Nonetheless, it’s not something that most people enjoy having to deal with, as often it can become arduous, lead to arguments, and prolong the grief that comes from losing a loved one.
There's no shame in wanting to get the probate process done swiftly and asking how long it takes to get an inheritance. Having them tied up and out of your hands can put you on the financial back foot, particularly if you are facing fees and delays in getting to the estate. This blog will explain the probate process and where you’ll need to invest time or remain patient, how you can hopefully speed the process along.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our solicitors and lawyers in Ashford, Cranbrook and Hythe.
Please be aware that this blog is for informative purposes only and should not be taken as legal advice.
How long after probate can funds be distributed?
In the UK, there’s no fixed timeline, but you can usually expect probate to take a 2-3 of months in straightforward cases. The time it takes depends on the value and scope of the assets, the clarity of the will and whether it was recently updated, and the nature of the executors, among other things. Whilst we can’t give you any exact dates without knowing your case personally, here’s a breakdown of the main steps of the inheritance process, after probate is granted:
1.Obtaining the Grant of Probate
If you’re at this page, then you may have already done this. The grant of probate confirms the executor’s authority to carry out the Will’s order, or in other words, to act on behalf of the deceased. It’s a vital document that affects how long it takes to receive an inheritance. The average time for probate to be granted is ordinarily between 4-8 weeks. Once probate is granted, you can proceed to the next step of the inheritance process.
2.Gathering and valuing assets
Terms like ‘assets’ and ‘estate’ are used a lot around the inheritance discussion, and what we mean is the property, including land and structure, the home and its contents, any financial holdings, material goods, savings, and anything they thought to write down. Ask yourself what you would consider to be personal belongings under your ownership, and those are your assets and, therefore, yours to give away.
Because of the scope of that definition and because people can live wide-ranging lives and forget about investments, bank accounts, etc., sometimes assets are forgotten or hard to access. This could make gathering and valuing the assets a bit trickier for the executor, but it’s an important process.
3.Addressing and paying off taxes and debts
Mortgages, inheritance tax, loans, utility bills – any outstanding debts tied to the deceased person’s estate must be paid off by the executor. There are, unfortunately, scams that exist to manipulate people in their time of grief, so if you’re unsure about the origin or nature of a debt claim, then it’s sensible to ask a wills and inheritance tax solicitor or specialist lawyer. They’ve likely seen it all.
4.The estate is distributed
After probate is granted, debts are assessed, and all owes are compensated, then the beneficiaries can start to receive their inheritance. The distribution itself can also take time, sometimes between 3 to 6 months, in fact. It depends on how communicative the beneficiaries and executors are, how spread out everyone is, any disputes that could arise, and again, the clarity and consistency of the will document.
When do beneficiaries get paid?
Patience is key, as it can take up to nine months, or perhaps more, for beneficiaries to receive their inheritance. Details like the size and complexity of the estate, the variety of the assets, the communication between those involved and the nature of the Will’s instructions can all massively impact the time it takes for payments to land.
There is also the potential for the payments to come in instalments as the executor sorts out the estate as opposed to one lump sum. Furthermore, the treatment of the estate could have a financial dispersion dependent on it; for example, if a large property is being sold and the proceeds are distributed, then the question shifts to the housing market and the time it takes to value the land.
If you have to make a dispute claim to get your payment fairly, then this process is again extended. A probate and estate administration solicitor or specialist lawyer can help you or your family unit to put some pace into the administration, no matter how tricky it seems to have gotten.
How long does probate take in the UK?
Usually, you’ll receive probate within 16 weeks of submitting your application. If you’re living outside of the UK, it may take slightly longer to arrive, and if you’re asked for additional identification, again, you’ll need to wait a little longer. Since the covid pandemic there have been some administrative delays to contend with at HM Courts and Tribunals Service, which may add to the period.
Probate can arrive in three forms:
- A Grant of Probate—As we’ve said so far, this is the letter granting you authority to execute the Will. Of course, you can only get this if there is a Will.
- Letters of Administration— If the person did not leave a will, then this is a document issued by the probate administrator that grants you legal permission to deal with the estate. It’s also known as applying for probate.
- Letters of Administration with Will Annexed— If there is a Will, and it does name an executor, but the executor cannot apply for probate, perhaps because they’re sick or refuse their duties, then you can apply for the letters of administration with the Will annexed. This will open you up to proceed in spite of the Will.
Contesting a Will after probate has been granted
The granting of probate does not mean the validity of the Will is assured. A Will can be overturned and contested after probate, so long as you can prove that it’s invalid or being knowingly misinterpreted by the executor.
There are many ways to contest a Will, and all are handled by our probate and estate administration solicitors and lawyers, but we advise from the outset that this can lengthen and complicate an already quite arduous process in a time of grief. Nonetheless, a Will must be honoured fairly. If you believe you have the grounds to contest a Will, then reach out to our specialist department of contentious probate and Will disputes solicitors and lawyers.
Speak to our Wills and Inheritance Tax solicitors and lawyers today
It’s understandable to want to avoid knowing about these processes until they confront us. Coming to terms with what you’ll need to know can be emotionally heavy, but Kingsford Solicitors takes a supportive and gentle approach to Will matters. We take great measures to communicate with our elderly clients, who are sometimes not helped with the dedication they deserve.
If you’d like more specialist advice suited to your circumstances, you can speak to one of our solicitors and specialist lawyers in Ashford, Cranbrook and Hythe.