How long does it take to get probate in England and Wales?
When someone dies, the surviving relatives or personal representatives will need to apply for probate to deal with the deceased’s estate. But with the much-publicised probate application delays, how long does it currently take to get a grant of probate?
What is probate?
When someone dies, applying for the legal right to deal with their property, money and possessions (the estate) in England and Wales is called applying for probate. It should be noted that the process is different in Scotland and Northern Ireland.
The relatives or personal representatives (person(s) responsible for dealing with a deceased’s estate) are often advised they will need a grant of representation to deal with the assets in the estate.
There are several types of grants of representation, and the most common is a grant of probate. This is a court sealed document issued by the Probate Registry and is given to a person (or persons) who has been named in the will as an executor (or executors).
If there's no will, you can apply for letters of administration as an administrator and follow the same steps as applying for probate.
There are also circumstances when you do not need probate.
How long does it take to get a grant of probate?
In recent years there have been delays when applying for probate for various reasons. Currently, according to GOV.UK, you’ll usually get a grant of probate or letters of administration within16 weeks of submitting an application. However, it can take longer if you need to provide additional information.
How do you get a grant of probate?
You can apply for probate online or by post. Before applying for probate, you must first estimate the value of the estate to find out if there’s inheritance tax (IHT). Once any IHT has been paid to HM Revenue and Customs (HMRC), they will send you a letter with a code which you’ll need to apply for probate.
To obtain a grant of representation, personal representatives must submit the original last will and testament of the deceased (if there was one) and any codicils to the will to the Probate Registry, who will check for any defects. This might include alterations or signs of tampering.
The Probate Registry also checks that the execution of the will is correct and in accordance with the rules set out in the Wills Act 1837. Once satisfied that the will is valid, the Probate Registry will issue a grant of probate/representation.
A grant of probate is a document of public record, along with the will and any codicils. Anyone can apply for a copy or contact the Probate Registry to confirm the information contained within a grant.
How much does it cost to apply for probate?
In England and Wales, the application fee for probate is currently £300 if the value of the estate is £5,000 or over. There’s no fee if the estate is under £5,000.
Extra copies of the probate cost £1.50 each. This means you can send them to different organisations at the same time. If probate has already been granted, it costs £20 to make a second application.
What is a deceased estates notice?
As an executor, you are responsible for dealing with any claims against the estate. After you receive a grant of probate, the law recommends you place a deceased estates notice in The Gazette and a local newspaper to find creditors who are owed money by the estate.
A deceased estates notice is an advertisement placed in The Gazette which contains the details of a deceased person and the executor/administrator, so that anyone or any organisation owed money by the deceased person's estate can come forward.
Placing a deceased estates notice demonstrates that enough effort has been made to find creditors before distributing an estate to its beneficiaries (the people who will inherit the estate). This protects the executor from being personally responsible for money owed to any unidentified creditors.
If you don't place a notice and a creditor comes forward after the estate has been distributed, then you may have to pay the creditor yourself.
Place a deceased estates notice
See also
The duties of an executor: what to do when someone dies
What is a grant of representation and do I need it?
Find out more
Applying for probate (GOV.UK)
Wills Act 1837 (Legislation)
Images
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Publication date
4 October 2024
Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.