Probate Timeline

Probate is the term given to the legal right to deal with someone’s Estate when they have died. How long the probate process takes depends on numerous factors, including the size and complexity of the Estate in question. However, all probate matters follow the same probate timeline. Here, our expert probate solicitors explain the probate timeline step by step, so you know what to expect when acting as executor of a loved one’s Will.

At Birch & Co, our specialist probate solicitors are dedicated to assisting clients tasked with administering the Estate of a loved one who has died. We deliver our first-class legal advice in plain English and guide our clients through the probate process with care and empathy, mindful always of the stress they are likely under.

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The Probate Timeline – Step By Step

• Step One – Post-Death Matters

As executor of a Will, you may be responsible for dealing with the necessary post-death matters. Executors are those nominated by the deceased to take care of their affairs when they are gone.

Examples of the issues that must be dealt with shortly after a person’s death include the following:

Register the death. You must do this within five calendar days.
Arrange the funeral. The deceased may have left instructions in their Will regarding their funeral, so you’ll need to obtain a copy and check.
Secure any property. As an executor, you have a legal duty to maximise the value of the Estate for the benefit of the beneficiaries, being those people and causes nominated to inherit. As part of that duty, you must ensure any Estate property is secure. For example, if the deceased owned a house in their sole name, you must take steps to ensure it is locked and insured.
Contact any necessary individuals, such as beneficiaries, and organisations, such as energy companies, to inform them of the death.

• Step Two – Valuing the Estate

When all the immediate post-death issues have been addressed, you can begin the process of valuing the Estate. This usually involves liaising with various institutions, such as banks and building societies, and may necessitate the involvement of professionals, such as estate agents. You’ll also need to ascertain whether the Estate has any debts and liabilities since they must be deducted from the overall value of the assets.

• Step Three – Dealing With Inheritance Tax

Inheritance tax falls to be dealt with next. You should establish whether the Estate is subject to inheritance tax and, if it is, complete and submit the relevant form to HMRC. You usually need to pay at least some of the inheritance tax due on the Estate before you can apply for the Grant of Probate. You must pay all the inheritance tax by the end of the sixth months after the person’s death.

• Step Four – Obtaining The Grant Of Probate

Once you have ascertained the inheritance tax position and paid at least some of the tax due, you can apply for the Grant of Probate. Applications for Grants of Probate are usually issued within around 16 weeks.

The Grant of Probate is the legal document proving your right to deal with the deceased person’s assets. You will need a Grant before you can undertake key tasks involved in Estate administration, such as accessing the funds in the deceased’s bank accounts.

Some Estates, such as those comprising only jointly held property, may not require a Grant of Probate, but most do.

• Step Five – Administering The Estate

Once you have received the Grant of Probate, you can commence Estate administration. This involves realising all the Estate assets, for example, by selling the deceased person’s house, clearing the Estate’s debts and liabilities, and paying the beneficiaries their share of what’s left.

You must keep careful records of the money collected for the Estate, the debts and liabilities settled, and the sums paid to beneficiaries. You’ll need this information to prepare the Estate accounts.

• Step Six – Preparing The Estate Accounts

When you have completed the Estate administration, you must prepare the final Estate accounts. You’ll need to sign the accounts to confirm they’re accurate, so it’s important to get them right.

How Long Does Probate Take?

The probate timeline is usually completed within 6 – 12 months following a person’s death. Smaller estates or those that do not require a Grant of Probate may take less time, while larger, more complex ones may take considerably longer.

While you are not obliged to seek advice from solicitors when undertaking the probate process, most Executors choose to do so. Probate procedures are complex and can be significantly delayed if incomplete or inaccurate documentation is submitted to the Probate Registry. When you work with experienced probate solicitors like ours, you can be confident that the process will proceed as swiftly and smoothly as possible.