How long is Probate currently taking in the UK?
Posted on 16th January 2024
Our Probate Solicitors in Lancaster are well-versed in the process of applying for Probate and administering an estate, assisting clients in England and Wales. We know all too well that the timescales for probate applications in England and Wales during 2023 varied depending on the type of application, as well as the size and complexity of the person’s estate. Below, our Probate Solicitors in Lancaster have discussed various timescales you may read about online, and their experiences with the timescales:
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Online Probate Applications
Applications for Probate can be made via paper or online, depending on the type of application required. For straightforward applications for Probate, where the deceased left a Will appointing executors, the application can be made online, via gov.uk.
Other applications can be made online, including those for Letters of Administration by the surviving spouse or civil partner, or the sole surviving child. Applications for Letters of Administration are made in cases where the deceased has died without a Will. Find out more about Letters of Administration in our Probate Solicitors’ blog, here.
Paper Probate Applications
Paper applications for Probate or Letters of Administration need to be made in cases where the deceased left a Will, but a partial intestacy arises. This is when, for example, the executors named in the Will are not applying, so a residuary beneficiary will apply for Letters of Administration with Will annexed. Other cases can include where there is more than one child of the deceased who want to apply for Letters of Administration, if the deceased did not leave a Will, or where the applicant is applying as an attorney for someone else. These cases require paper applications because the gov.uk system is not yet equipped to deal with them, although our Probate Solicitors in Lancaster hope this will be something that will be developed in the future.
How long do online Probate applications take?
Our Probate Solicitors in Lancaster find that, in more simple estates, the application for Probate can be prepared quickly, when all financial information has been collated. It can then be submitted to the Probate Registry online, with the original Will being sent via post to the central Probate Registry. Once received by them, the Probate Registry process this and advise that our Probate Solicitors should hear back within 16 weeks. Although, as matters stand, our Probate Solicitors in Lancaster are finding that these applications are being processed quicker, with Grants of Probate being received in around 8 weeks.
How long do paper Probate applications take?
Paper applications are a different process, where the applicant, our Probate Solicitors’ client, signs the forms, and they are submitted by post to Newcastle Probate Registry. Once submitted, they are usually initially processed by the Probate Registry within 4 to 5 weeks, and thereafter the Probate Registry advise that we can expect the Grant within 16 weeks. At this time, our Probate Solicitors in Lancaster are finding that these timescales, give or take a week or two, are accurate.
Do I need Probate Solicitors?
We are often asked by our clients whether they can deal with matters themselves, before they instruct. We are always honest at MG Legal, and we ensure that clients are prepped with the information that yes, they can make the application themselves online, via gov.uk. That being said, our Probate Solicitors warn clients about the dangers of making an application yourself, as often the expertise and legal knowledge that our team can provide is invaluable, and can help prevent issues cropping up down the road.
For example, our Probate Solicitors in Lancaster dealt with an estate where Mr A died in 2022, leaving his half share of the jointly owned family home to his children, and the remainder of his estate to his wife. When Mrs A died, her children discovered Probate was in fact required for both estates, which meant that there was added work for them to carry out, which really should have been carried out when their father first died. Whilst our Probate Solicitors in Lancaster were able to assist, and help the clients deal with the estates from start to finish, it adds to the stress and pressure that our clients’ experience when there is more work involved than what they realised.
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Estate Administration and Probate Timescales
In England and Wales, the duration it takes to apply for and obtain Probate or Letters of Administration can vary, but here's a general outline of the various stages:
1. The overall probate process, which includes applying for a grant of probate and getting the application approved by the probate registry, as well as administering the estate, typically ranges between 6 to 18 months, depending on the size and complexity of the estate.
2. Specifically, after submitting your application for probate, it usually takes around 16 weeks to receive the grant of probate, provided there are no complications such as the need for additional information. The length of the probate process can be influenced by various factors including the complexity of the estate, the accuracy, and completeness of the application, and the timescales of the Probate Registry.
3. After receiving the Grant of Probate, our Probate Solicitors in Lancaster generally estimate it can take between 3 and 6 months to finalise the administration of the estate, although often it is completed quicker when the assets are straightforward.
Contact our Probate Solicitors in Lancaster
At MG Legal, our Probate Solicitors in Lancaster can assist with the administration of your loved one’s estate from start to finish, offering fixed fees and an excellent service. Read our clients’ reviews to see what they think, here, and contact us below for a call back to discuss your loved one’s estate.
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Tagged as: Probate, Solicitors in Lancaster
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