The process of dealing with probate can be a complicated and saddening time.
You are most likely dealing with the loss of a loved one while trying to settle their affairs.
The process can be complex, and many wonder whether you can track a probate application in the UK.
Here, we’ll examine that question in detail while also considering how long it takes and what happens when probate is granted.
What is a probate application?
A probate application is where you apply to deal with someone’s estate once they have passed away. The executor’s name can apply for probate if there is a will.
With no probate, the deceased’s closest living relative must apply. This is usually their spouse or children.
To start the application, you must either fill out an online or paper form with all the relevant details.
This includes valuing their estate (including a house valuation), completing tax forms, and registering the death.
Once you’ve sent the application, you’ll need to wait for it to be granted. Once it is, you can settle the estate according to the will or the law.
Can you track a probate application in the UK?
This depends on how you applied for probate. Traditionally, you just needed to wait for the courts to respond.
However, with the government’s MyHMCTS service, you can track your application and see if there are any issues.
Once you have completed the application, you can see the ‘Status’ next to your case. You can then click into the case and see its ‘Event History’.
This is where you can track its progress and see any further information related to the case.
For example, you may see the status as ‘Stopped’ if the case worker requires legal advice.
Common statuses include ‘Awaiting documentation’, ‘Examining’ and ‘Ready to issue’. Hopefully, you’ll see ‘Grant issued’ sooner rather than later.
Only those who applied for probate can access this information. Any other potential beneficiaries would need to wait until it has been granted.
Once it has, it will be searchable on the government’s website, and you can get a copy for a small fee.
How long does the probate application take?
The answer to this question can vary considerably based on several factors.
On average, it takes eight weeks from the application being sent to probate being granted, but this can be more or less depending on the case’s complexity.
For example, if minimal assets are available and no inheritance tax is payable, the situation will likely be straightforward.
In contrast, a complex case requiring additional documentation, or if there is a challenge against probate, will take much longer.
The current government guidance details that you’ll get the grant of probate or letters of administration within 16 weeks.
Many people will get it much sooner, but it may take more than 16 weeks for others.
It’s important to note that the application period may not be the longest part of the process.
Before you apply, you must obtain documents and valuations and pay taxes. Once your application has been granted, dealing with the estate can take time.
What happens after probate has been granted?
Once probate has been granted, what are the next steps? Now, it’s time to settle the estate.
Sometimes, doing this is simple if you only need to distribute bank account funds. However, it can be more complicated if you have assets such as property, stocks, or shares.
The first step is settling any debts or taxes of the deceased. This can be as little as settling an unpaid phone bill but can include credit card debt. It’s a common myth that debts die with someone.
That only happens when they don’t have an estate and their partner isn’t liable.
This stage can be more complicated if the person is self-employed or owns a business. You may need to complete a Self-Assessment, pay taxes, or apply for a tax refund.
Now, you’ll need to sell assets, which can be equally complicated. For example, if they were a landlord, when you needed to deal with a tenant’s contract and rental income.
Calculating dividends and profits due can also be challenging if they have a business.
If income is received from the estate following the death, you must report it to HMRC and potentially pay tax on it.
Finally, once everything is calculated and paid, you can settle the estate according to the will.
With no will, there are strict rules on who the beneficiaries would be. You then prepare the final estate accounts, and the process will be completed.
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