A lawsuit over the will of the merchant Peter Thellusson lasted 70 years (1799 – 1859).
When it was settled, the value of the property and income was the same.
It should have been much higher due to currency value and inflation, but legal costs had reduced it.
Today, probate takes a lot less time.
But how long does an average case take? And what factors can increase this time?
What is probate?
Probate is the name given to the legal process of reviewing a will.
Once probate has finished, the will’s authenticity is approved.
This gives the executor the legal right to manage a deceased person’s estate.
How long does probate take once submitted?
The average probate process is believed to take between 6 to 12 months.
In general the more complicated a case it, the longer it takes.
There is much to consider. The processing of inheritance and capital gains take alone can take around 4 months.
Regular communication can help speed up the process.
But paying inheritance tax as and when it is due will ensure fewer delays.
(Of course, in some circumstances, inheritance tax can be avoided).
Who is the executor of the will?
The person responsible for carrying out each stage of probate is the executor.
The deceased person usually names them. They are often their spouse, son or daughter. The deceased can name up to four people as executors of their will.
If they did not name anyone as an executor, the responsibility would usually be given to the next of kin.
This person is not always the best person to take on such a responsibility. So it is important to name someone and arrange your will.
Anyone can be appointed executor, but sometimes, this is an unwanted responsibility. In this case, you can renounce your responsibility through the courts.
What are the executor’s responsibilities?
An executor’s responsibilities include:
- Paying debts associated with the deceased person by using funds from the estate
- Gathering the assets
- Distributing them to the beneficiaries
- Valuing the estate (including property) and liaising with solicitors working on their behalf. (It is possible to pay them out of the estate’s proceeds, but only if the named beneficiaries approve)
- There are also funeral costs to consider
- Arrangements for inheritance tax to pay
- Ensuring all probate deadlines are met.
How long does probate take after a death?
The process usually takes nine months on average. But complicated probates are expected to take up to 12 months.
Some are settled in as little six months, but few before this.
If there is no will or disputes between beneficiaries, it can take over 12 months.
Do you need to apply for a grant of probate?
You will usually need the court’s permission to be a will’s executor. This is called applying for a grant of probate.
If there is no will, this is applying for a grant of a letter of administration.
If the estate is small and straightforward, or involves less than £5,000, you do not need a grant of probate.
The same applies to joint estates where the grant of probate is given to the survivor.
It takes around 6 – 12 months, although the probate grant will be with the probate registry in under a month.
When is inheritance tax payable?
Even if no tax is due, an inheritance tax return is still required to complete the probate steps.
Although it is part of a separate form, it will be filed at the same time as applying for a grant of probate.
Inheritance tax must be paid before a grant of probate is issued.
It can be made up to six months after the end of the month in which the deceased person died. Inheritance tax can be paid in instalments.
What is the cost of probate?
The costs of probate are split into two sections.
- The government must be paid a fixed fee
- There are solicitors’ fees specific to their services and rates.
The fees change occasionally, but it costs £215 for a probate application made by an individual party and £155 if made by a probate solicitor.
Solicitor fees vary but usually cost 3-5% of the estate’s value. This means an estate of £250,000 will have solicitor fees of around £7,500 to £12,500.
The less complicated the probate, the less it is likely to cost.
Solicitors still charge for their time, so the more complications and delays take up, the more likely they are to charge.
Solicitors can provide a quote based on the answers you provide on their dedicated probate form.
It’s important to note that all fees will usually be taken directly from the estate.
What happens if someone contests the will or probate?
A beneficiary or unnamed beneficiary with a grievance may wish to protest the will as invalid or take issue with how the probate is executed.
When this is the case, they lodge their grievances with the probate registry. It prevents probate from being issued until their issue is resolved.
Their caveat can be renewed but will expire after six months if not resolved.
Contentious probate can be complicated for all involved. Disputes over how the will is interpreted or executed can cause arguments and slow the process.
What are the probate steps?
With nine months being the typical amount of time for probate to be settled, there are many steps for the executor to consider along the way:
- Register the death within five days in England, Wales, Northern Ireland, and eight in Scotland.
- Inform beneficiaries that they are entitled to a share of the estate.
- Notify relevant companies or individuals the deceased person owed money to (including bulls)
- Submit inheritance tax and grant of probate forms
- Pay inheritance tax – you may need to take out a loan as it is due before the assets of the estate are released
- Pay off the deceased person’s debt (including mortgage)
- Claim life insurance (if applicable)
- Distribute the assets between beneficiaries.
Click on this link for everything you need to know about probate.
Can you live in an inherited property during probate?
During probate, beneficiaries might stay in the house for familiarity, but they don’t have an automatic right. Executors must consent to anyone living in the probate property.
If you co-own or inherit the property, it’s reasonable for executors to let you stay, possibly with time limits. They also cannot empty the property until probate is complete.
Residents must maintain the property, pay bills, and avoid significant changes without consent.
If you inherit or co-own the property, you can stay without restrictions.
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