How Long Does Probate Take?

A Complete Guide to Understanding Probate Timelines

How Long Does Probate Take? A Complete Guide to Understanding Probate Timelines

Probate is the legal process that occurs after someone passes away, where their assets are distributed according to their will, or if there’s no will, according to the laws of intestacy. While the process may seem straightforward, the time it takes can vary significantly depending on several factors.

In this post, we’ll explore how long probate generally takes, recent improvements in processing times, and how insurance products like Section 27 Insurance and Early Distribution Insurance can help speed up the process and alleviate some of the challenges executors face.

What Is Probate and Why Does It Take Time?

Probate is essential for ensuring that the deceased’s assets are correctly administered and that any liabilities are settled. The length of time probate takes depends on various factors, such as:

• The Complexity of the Estate: Large estates or those with multiple beneficiaries and assets can take longer to settle.
• Whether There’s a Will: If a will is missing or contested, it may cause significant delays.
• Court Processing Times: While digital applications have streamlined the process, court backlogs and the need for paperwork can slow things down.
• Executor Responsibilities: Executors need to handle all the deceased’s financial matters, including paying debts and distributing assets, which can be time-consuming.

Additionally, family disputes or challenges to the Will can significantly extend probate timelines, making the process even more complex.

How Long Does Probate Take?

On average, probate can take from a few months to a year, depending on the complexity of the estate. However, there have been significant improvements in processing times due to a government initiative for digitalisation.

According to a recent government press release, probate waiting times have been halved, with average wait times now around four weeks, down from twelve weeks in 2023. This improvement is attributed mainly to the increased use of digital applications and additional staffing at the Probate Registry.

Source: Government Press Release on Probate Waiting Times

While these digital applications have undoubtedly helped speed up the process, it’s important to note that some cases still require paper applications, and more complex estates or disputes can still result in delays.

Furthermore, feedback from discussions among law firms online suggests that many of these reduced processing times are influenced by newer, simpler probate cases—those with fewer assets, less complexity, and fewer potential complications. These cases are easier to process, and as a result, they skew the reported statistics, making it seem as though probate times are universally shorter.

The general consensus among legal professionals is that while the process for straightforward estates is becoming quicker, the probate timeline for more complex estates can still stretch several months, especially in cases involving large, complex estates.

That said, there is always the possibility that the estate you are administering could benefit from these reduced timescales and experience a quicker resolution.

However, it’s important to remain prepared for potential delays, particularly if the estate is more complex or involves legal challenges.

The Statutory Waiting Period after The Grant of Probate

Once the Grant of Probate is issued, a further statutory waiting period ensues to allow for potential claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975. This Act permits certain individuals (such as spouses, children, or others who were financially dependent on the deceased) to submit a claim if they believe that the will or the laws of intestacy have not provided adequate financial support for them.

The statutory waiting period for Inheritance Act claims is generally six months from the date of the Grant of Probate. During this period, any potential claimants can submit their application to the court. If no claims are made within this six-month timeframe, the estate can subsequently be distributed to the beneficiaries. However, if a claim is lodged, the distribution process may be delayed until the matter is resolved.

This statutory period is designed to ensure that those who may have been excluded from the will or believe they have not received a fair share of the estate have an opportunity to raise their concerns legally. However, it can be a source of uncertainty and delay for both executors and beneficiaries.

Once the statutory waiting period has passed, executors can proceed with distributing the estate. However, if any claims are made, they must first be resolved, which can further prolong the probate process.

Section 27 Notice Waiting Period

After the Grant of Probate is issued, many solicitors recommend publishing a Section 27 Notice in the London Gazette (and sometimes in local newspapers) to alert any potential creditors of the deceased’s estate.

While this notice is not a legal requirement, it is often advised as a precautionary measure to protect the executors and personal representatives from unknown creditor claims that may arise after the estate is distributed.

The waiting period for a Section 27 Notice is typically two months from the date of publication to allow sufficient time for creditors to come forward.

During this time, the executor must withhold distribution of the estate’s assets to allow creditors the opportunity to come forward with any claims. If no claims are made within this two-month period, the executor can proceed with distributing the estate.

Despite the recommendation to publish the notice, Section 27 Notices may not be the most effective or cost-efficient solution.

In fact, you could argue that they are a waste of money.

 It’s often better to arrange Section 27 Insurance, supported by a free deceased credit report.

This insurance option not only protects the executor and personal representatives but also protects the beneficiaries, covering potential liabilities for unknown creditors up to the level of indemnity purchased.

Additionally, it is often less expensive than publishing the Section 27 notice and the required newspaper advertisements for estates valued under £500,000.

The key issue with the Section 27 Notice is that it doesn’t stop the executors and personal representatives from being sued by a beneficiary.

If an unknown creditor makes a claim after the estate has been distributed, and the beneficiary is required to pay, the beneficiary may then sue the executors and personal representatives for failing in their duty to protect their interests.

This makes the Section 27 Notice ineffective in fully safeguarding the executor and beneficiaries. Section 27 Insurance, on the other hand, provides a more comprehensive safety net for both parties.

How to speed up the distribution of the Estate with Insurance

For estates with no known issues, the executors can shorten the time it takes to distribute the estate by 6 months by purchasing insurance, giving the beneficiaries their money quicker, possibly improving relationships as a result and closure so the executors can move on with their lives.

The key insurance to consider for this is:

• Early Distribution Insurance – when there are no known claimants under the Inheritance Act this policy enables the executors to distribute the estate once the Grant of Probate or Letters of Administration is received.  There is no need to wait for the statutory 6 months waiting period to expire.
  • If your Solicitor isn’t offering this cover you should ask for it if you and the beneficiaries don’t want to wait 6 months to distribute.
• Section 27 Insurance – Forget expensive Section 27 notices and 2 month waiting periods whilst protecting your liability.  Arrange Section 27 Insurance for protection against unknown creditor claims.

Whilst the following policies don’t necessarily shorten the time to distribution, they will give the executor more confidence when distributing early or otherwise:

• Missing Will Insurance – whether there is a Will or no Will (intestate), there is always the risk of a newer valid Will being found after distribution that would alter how the estate should have been distributed. This could result in different amounts and different beneficiaries.
  • In this scenario, and in the absence of insurance, the executors and personal representatives could be sued by the beneficiaries of both the previous and newer Will – the former for not protecting them with insurance and the latter for incorrectly distributing the estate.
• Missing Beneficiary Insurance:
  •  If there is no Will, the rules of intestacy can be complex. If the executors lack knowledge of the family, it is customary for a genealogist to be involved to research the family tree and contact those who could benefit from the estate. It is common to arrange peace of mind cover then.
  • If a beneficiary cannot be located, even with the assistance of a genealogist, known missing beneficiary insurance may be arranged.

Conclusion: How Long Does Probate Take?

As we’ve seen, probate processing times have improved significantly, with average wait times now around four weeks for low-complex digital applications.

However, the probate process can still take longer for complex estates, paper-based applications, or if disputes arise.

By arranging adequate insurance, the executors will feel more confident in distributing the estate much earlier, often very close to receiving the Grant of Probate or Letters of Administration, while protecting themselves against claims covered by the arranged policies.