When people pass away, probates ensure their possessions are handled correctly.
However, probates can also be complicated and time-consuming.
But how long do they take?
The short answer is: it depends.
Below is the longer answer…
Do I need a solicitor for probate?
No, you are not legally required to bring in a solicitor to assist with probate.
However, getting a solicitor’s legal advice (and support) for a probate is strongly recommended.
This is because probate can be complicated. It might also give all parties peace of mind knowing that an independent solicitor handles everything, including:
- Valuing the estates’ worth
- Collecting all assets
- Making sure that all taxes and debts are paid off
- Distributing everything in accordance with the will
These tasks get more complicated if there are many relatives involved or lots of properties to handle.
Completing a probate without a solicitor
If you wish to complete probate without hiring a solicitor, you can apply online or by post.
This typically involves determining the estate’s estimated value (including any inheritance tax due) and completing the paperwork to distribute the assets accordingly.
Other considerations may be overseas assets, gifts made within seven years before the death, and any assets held in trust.
Is probate expensive?
As with most legal matters, the cost of probate varies depending on the professional you hire, as each has different rates. These fees are eventually paid from the estate.
Typically, you pay a fixed cost for the application fee, around £140 or more.
From there, solicitors may charge between 2% to 5% of the estate’s value for their services.
For example, if the estate is worth £200,000, the variable costs will range from £4,000 to £10,000 (plus VAT).
How long does probate take?
In the United Kingdom, probates usually take an average of 9 to 12 months and can be tracked throughout.
This is the time required for the Grant of Probate to be obtained and for the estate to be successfully dealt with.
The process can be completed with simple estates after 6 months, which is rare.
The process of paying all necessary taxes, applying for forms, and completing and submitting forms usually causes probate to take so long.
For example, a grant of probate or letters of administration usually arrives 16 weeks after an application is submitted. However, they can take even longer if additional information is required.
While some people believe that completing probate yourself enables you to get it done quicker, this is not necessarily the case.
Hiring a solicitor can reduce the chances of time-consuming mistakes being made.
What is a Grant of Probate?
A grant of probate is an official document that the Probate Registry issues.
It gives the executor(s) of a Will legal authority to handle and distribute a deceased person’s estate.
How long after probate can you sell a property?
You can sell a property as soon as probate has been officially granted.
It is possible—and legal—to put the house on the market before the Grant of Probate, but you cannot complete the sale until after the probate is granted.
Exception example 1: Partner of the deceased names on title deeds
You can sell a house before probate is completed if a partner or spouse with whom the deceased jointly owned the property is named on the title deeds.
Exception example 2: Deceased was joint tenant
If the deceased person was a joint tenant of the property, the property is automatically transferred to the surviving joint tenant.
This means no probate process is needed for the property to be sold.
Should I be worried about probate?
Probate is not necessarily something that you need to worry about. Hiring a solicitor to support you is valuable for their expertise and because they can give you peace of mind.
When an expert controls everything, it reduces the extent to which you need to get involved. Solicitors can make the process much less problematic when you are in mourning for a loved one.
If you want to sell a probate property quickly and with minimal admin, We Buy Any Home can help. Contact us today for a valuation.
