How long does Probate take to issue?
Posted on 31st July 2023
Many of our clients will be aware of the delays in the Probate Registry granting Probate or Letters of Administration. According to data released by the Ministry of Justice, the average time for applications is currently 9 weeks, although it is worth noting that this applies to applications made digitally, with paper applications- such as those for Grants of Letters of Administration by applicants such as one of the deceased’s children, a sibling, or another more distant relative- the timeframes are much longer. HMCTS’ figures suggest that the average timeframe in May for dealing with applications was 15.4 weeks, which is longer than the figures released by the MOJ.
How long does Probate take to issue?
Well, as can be seen above, it is difficult to give approximate timescales for applications, due to the varied timeframes estimated by MOJ and HMCTS. However, as a rough guide, our Probate Solicitors in Lancaster tell clients that they can expect Grant of Probate within 8 to 12 weeks, although HMCTS usually advises it can take up to 16 weeks. With our Probate Solicitors’ clients applying for Letters of Administration via paper, we have experienced applications taking in excess of 24 weeks, as the timeframes given by HMCTS do not include the delay in them initially processing the application.
We appreciate that at an already difficult time, it’s not ideal for our clients to have such an unknown timescale for when they will receive the Grant of probate or Letters of Administration, however, believe us when we say that it’s frustrating for us, too. We have to tell clients of the uncertainty around the timescales and the fact that we are not able to chase until the 16 weeks have passed from when the Probate Registry actually processes the application. Before this time, we are simply told the timescale has not passed and there is nothing the Probate Registry can do to expedite the matter.
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How can I speed up Probate on my house?
Unfortunately, the general rule is that Probate applications cannot be dealt with quicker (also known as expedited). That being said, if a sale of a property is agreed before the owner dies and contracts have been exchanged, the Probate Registry may expedite an application.
Whilst the Probate Registry are unlikely to expedite an application for any other reason, our Probate Solicitors in Lancaster will do everything they can do progress the matter in other ways whilst we are waiting for Probate to issue. For example, ensuring all banks and building societies have confirmed their account closure requirements, any assets that can be dealt with before Probate grants are dealt with, and that any creditors who can be paid out of available funds are.
Is it quicker to do Probate online?
Yes, as can be seen from the timescales released by the MOJ and HMCTS, Probate applications submitted online are dealt with quicker than those submitted in paper form. However, the choice of whether to submit an application online or by paper isn’t up to the submitter, but is dictated by what kind of application is being submitted and by who. For example, if the person who died left a Will and the executors are applying for Probate, or the application for Letters of Administration is being made by the spouse of the deceased, these applications can be made online. If the application is being made by one child of the deceased who did not leave a Will, for example, this will be a paper application.
Our Probate Solicitors in Lancaster understand that this can be frustrating, as paper applications take longer, but the online application system is just not equipped to deal with all application types at this time.
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How can Probate Solicitors in Lancaster help?
MG Legal, Probate Solicitors in Lancaster, will help you by preparing the Probate application as quickly as possible, so that it can be submitted and start the processing with HMCTS as quickly as possible. We will also be able to deal with any queries raised by HMCTS on your behalf, helping to take the stress of the situation away as much as possible.
Contact our Probate Solicitors in Lancaster today to discuss your probate matter on 01524 581 306 or fill out our “Contact us” form below, and a member of our team of Probate Solicitors will be in touch within one working hour. We are based in Lancaster LA1, and accept instructions from clients throughout Lancaster, Carnforth, Bare and Morecambe.
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