How Long Does It Take To Obtain A Grant?

The length of time it takes to obtain a Grant of Probate/Letters of Administration depends largely on the type of estate and the application process required.

Excepted Estates

If the estate qualifies as an excepted estate, in most cases, we can submit an online probate application.

An estate is classed as an excepted estate if it falls into one of the following categories:

• A low-value estate:

• • Up to £325,000, or
  • Up to £650,000 where the deceased was widowed, and the spousal nil-rate band is available.

• An estate worth less than £3 million that passes entirely to a spouse or charity.
• The deceased was non-domiciled or deemed non-domiciled, and UK assets are valued at less than £150,000.

Timescales

Before submitting the probate application, the date-of-death values of all assets and liabilities must be obtained. This stage can take some time, as information is required from banks, investment providers, and other organisations.

Once the values are confirmed:

• An online probate application can be prepared.
• The HMCTS online system will generate a legal statement, which must be signed by all executors.
• The application is submitted online, and the original Will is sent to the Probate Registry.

The Probate Registry currently states that it takes around 12 weeks from receipt of the documents to issue the Grant of Probate; it can, of course, take longer.

Taxable Estates

If the estate is taxable, or if you need to claim the Residence Nil Rate Band (including any transferable Residence Nil Rate Band from a deceased spouse), additional steps are required.

Timescales

• HMRC inheritance tax forms must first be completed using the date of death values.
• These forms are signed by the executors and submitted to HMRC.
• Inheritance tax must be paid within 6 months of the date of death. If payment is late, interest will accrue.
• HMRC will then issue a probate code (currently taking up to 20 working days), which is needed to prepare and submit the online probate application.

Once the probate application is prepared, signed, and submitted, the Probate Registry typically state their timescales are 12 weeks to issue the Grant

Postal Applications

In certain situations, for example, where an attorney is applying for the Grant, a postal probate application must be submitted.

Unfortunately, the Probate Registry does not provide a timescale for processing postal applications, and delays can be expected.

Contact Us

Every estate is different, and timescales can vary depending on the circumstances involved. If you would like advice on how long a Grant may take in your specific situation, or if you need assistance with the probate application, inheritance tax forms, or estate administration generally, please do not hesitate to contact our Private Client team or call us on 0800 088 6004.