How quickly can Probate be done?
Posted on 22nd May 2023
Before any application for Probate can be submitted, our Probate Solicitors will need to prepare the relevant tax forms and application forms. Depending on whether the estate is taxable, these can be prepared relatively quickly. Our Probate Solicitors’ goal is to ensure that the application for Probate is submitted as soon as possible to ensure that Probate is granted and the administration of the estate is underway.
Once the application forms are prepared, we will arrange for the applicant to sign the forms, and we can then submit these to the Probate Registry.
Our expert probate solicitors submit Probate applications regularly, and are all too familiar with the unpredictable timescales of HM Courts and Tribunal Service (‘HMCTS’). Our probate solicitors in Longridge have recently experienced receiving Probate within 3 weeks, whereas other applications are taking in excess of 16 weeks to complete.
The Probate Registry currently advise that their waiting times are up to 16 weeks, however, data released by HMCTS indicates that the average time line from submission of the application to grant of the Probate was 10.8 weeks in March 2023. When breaking this down, digital applications made using the online Probate portal had an average issue period of 5.1 weeks, whereas paper applications submitted directly to the Probate Registry had an average issue period of 16.4 weeks.
You can read more about the timescales on todayswillsandprobate.co.uk, here.
Can Probate be expedited?
The fast answer is no, an application for Probate cannot be expedited. It is possible, however, to ask the Probate Registry to deal with an application quicker if there is a situation which would justify them doing this. For example, if contracts had been exchanged on a property sale before the seller died, and they die before completion, a Grant of Probate would be required to then complete the sale. In these circumstances, it is possible to ask the Probate Registry whether the application can be processed any quicker.
These requests are not granted as a matter of course, and it is completely up to the discretion of the Probate Registry as to whether they will process the application any sooner.
How do you apply for Probate?
If your loved one has died with a Will and an organisation has advised that a Grant of Probate is required, you will need to complete either an online application or submit an application via paper to the Probate Registry. The type of application required depends on the circumstances of the person applying for Probate. Our experienced Probate Solicitors can assist in determining what type of application for Probate you need to make.
Can Probate be Granted without a Will?
If your loved one has died without a Will, the Rules of Intestacy apply, and you will need to make an application for Letters of Administration. This is another form of Probate and has the same effect as a Grant of Probate, but with a different title. Again, whether you can apply online or via paper depends on the person who is applying. You should seek advice from our expert probate solicitors online, here, to discuss the application you need.
Can I sell a house before Probate?
The answer to this question will depend on whether or not your loved one left a Will. The executors appointed in a Will have authority from the Will to start marketing a property for sale before a Grant of Probate has been obtained. If a person has died without a Will, no one has legal authority to begin marketing the property for sale until the Court has granted Letters of Administration naming the administrator and giving them the legal authority to deal with the deceased’s estate.
No property sale can complete when the owner has died until a Grant of Probate or Letters of Administration have issued. Contact our expert probate solicitors to discuss making an application for Probate, here.
How can I instruct an expert Probate Solicitor to assist me?
Googling “Probate Solicitors near me” is often a good place to start. You may well have ended up on our Probate Solicitors’ website from doing just that. Once you have found an expert “Probate Solicitor near me”, you should enquire, either on their ‘Contact Us’ page, or via email, for example, to email@example.com. You should expect a call back the same day, although at MG Legal our expert Probate Solicitors aim to contact you within one hour to discuss your enquiry.
Contact our expert local Solicitors online, here, today.
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