You may want to ensure that your loved ones inherit your estate as soon as possible after you pass away. Prestige Tax and Trust Services asks: how long does probate take once submitted?
Applying for probate
If you wish to ensure your loved ones are provided for before you die, you need to ask yourself one question. Who will be the personal representative (PR) of your estate? This is the person who has the legal right to administer your estate on behalf of its beneficiaries.
This is why we strongly advise you to make a will. This is a legal document which details how you wish your estate to be handled after you die. When you write a will, you appoint someone to serve as its executor – they will basically be the PR of your estate.
Your PR is required to apply for a grant of probate (also called a grant of representation), to receive the legal right to administer your estate. To complete this process they must assess your estates inheritance tax obligations, complete a series of forms and submit them to their local probate registry. Then your PR must swear an oath stating that to the best of their knowledge, the information provided in the probate application is accurate.
Length of process
This leads us to ask, how long does the entire probate process take? If the application is straightforward, your PR could obtain probate in a month or two. If complications arise, the probate process can take six to nine months, or even longer, to complete. Some of the complications that can hold up your PR’s probate application include:
- A dispute over who is eligible to make a claim against your estate.
- Delays or difficulties in obtaining valuations of assets held in your estate.
- Complex financial circumstances e.g. if you were the beneficiary of a trust.
- Difficulty identifying all the assets and liabilities associated with your estate e.g. if you did not keep clear financial records.
From submitting to receiving
Things get a lot simpler once your PR has submitted the probate application. After this has occurred, it will normally take around eight weeks for them to receive the grant of probate required to handle your estate. After your PR has sworn their oath at the local probate registry, they will typically receive the grant in the post in ten working days. However, we must point out that this time frame only applies if there are no problems which hold up your PR’s probate application.
Prestige Tax and Trust Services
There is no specific time frame for probate. If your PR submits the correct information with the application, they can receive probate in a fairly short amount of time. However, if your PR encounters any issues, the probate process can drag on for months, even years in the worst cases.
We strongly advise you to enlist legal help for probate matters. An experience legal team possesses the knowledge required to complete the probate process for your estate as quickly and efficiently as possible. Prestige Tax and Trust Service’s probate team would be happy to help, so your PR can receive probate in a timely fashion and ensure your loved ones are provided for after you pass away.