Grant of Probate – Applying For The Right Of Administration Of A Deceased’s Estate

In principle, the Grant should be issued within 2-4 weeks of an application to the Probate Registry. In mid-2022 it was taking up to 8 weeks. There may be further delays if it is not a straightforward application, certain documents are missing or the application itself requires more information before it can be processed. Occasionally the application gets lost!

As stated earlier, this depends on the type of Grant needed, the time it takes to pull together all the necessary details of the estate including all assets and outstanding debts, and how long it takes to submit the application to HMCTS.
A simple application should lead to a Grant within the month, although currently taking approximately 8 weeks, a more complex one, or one where further information is requested by the Probate Registry may take many more weeks and even months to issue.
An online application is always quicker than a paper application, so this may be an option worth considering when contemplating to apply for probate. The government website has a help service online to support your application if you need this assistance.

The person/s named in the valid Will as the executor/s apply for the Grant of Probate provided they are willing and able to act. If some are unwilling or unable but there remains at least one executor who is willing and able then the application can be made by that person or those people also appointed.

If there is no Will or no valid Will, or if there is no one who is willing and able to apply for the Grant, either someone due to inherit under the valid WIll can apply for a Grant of Letters of Administration with the Will annexed. If there is no will or the will is not valid, the persons entitled to receive the estate can apply for a Grant of Letters of Administration. Proof must be provided if the person entitled to apply is not applying either because they lack capacity or do not wish to act. Then it is important to provide evidence in the application of this so the court service (HMCTS) can make sure that no one is being overlooked who would otherwise be willing and able to act and apply for a Grant.

A solicitor is not needed for an application for a Grant but where the circumstances are not straightforward, or Inheritance Tax is relevant or the composition and valuation of the estate is complex, or where there is a strong possibility of a legal challenge against the estate, it is advisable to seek legal help from a professional at the earliest opportunity.

With complex families on the rise, estranged family members excluded from benefiting under any Will, unmarried partners not due to inherit or out-of-date Wills, or even dubious circumstances surrounding the making of a Will, it is highly recommended that legal advice is taken and if necessary a specialist probate solicitor is used to help with the application for a Grant and administration of the estate. That solicitor may well have the letters TEP after their name to indicate they are both experienced and qualified in the law of probate and administration. It signifies the passing further rigorous exams in this area of law and that they are members of an international body known as STEP (Society of Trusts and Estates Practitioners).

Whilst it may appear on the face of it to be cheaper to make the application yourself without a solicitor, this may prove more costly in the long run if matters become delayed, are thrown out, or contested. If there is any chance of the matter being challenged it is always worth consulting with a solicitor who carries the letters ACTAPS (Association of Contested Trusts and Probate Practitioners) as they will have a wealth of knowledge and experience in this challenging area of law and may help you decide your course of action thereby saving you possibly many months and even years of unnecessary heartache. Unless you are clear that the estate is straightforward and there are no likely challenges, it might be useful to at least talk things through with a solicitor first.

A Grant of Probate is not necessarily needed whether or not there is a valid WIll. It all depends on the value and composition of the estate and the attitude taken by individual asset holders.

Due to an inconsistent approach and a lack of clarity as to what the individual institutions require to pay out, it is always best when writing for valuations and information, to ask whether or not they will need to see a Grant before paying out.

A Grant of Probate will always be needed when there is Inheritance Tax payable when the estate is over £10,000 (unless the asset holder agrees to release funds without needing a Grant) and where the estate includes land or property. This applies if there is a valid Will or not.

Not all executors wish to have the job of winding up an estate and it is possible to refuse to do this by renouncing probate. This is done formally on a document stating you have not had any dealings with the estate and do not wish to have any future involvement with it. This is only possible if you have not “intermeddled” in the estate. This means you should not have formally indicated to any institution, such as banks, insurance companies, pension plans, etc. that you are an executor, nor must you have received any of the deceased person’s funds or paid any of their bills. Such action will be said to have deprived you of the right to renounce and you will be required to act as such. However, merely taking advice does not constitute intermeddling.

If you renounce, you cannot then later change your mind. Also, you cannot choose who then takes out the Grant, What will happen, in this case, is that you simply step out of the picture.
If you don’t want to be involved in the estate at the moment but think you may in the future, for example, you might be going away or into hospital for a significant period of time, or there may be other reasons why the timing isn’t right at the moment, you can choose to have “power reserved” to you to be added to the Grant at a future time. This would mean a further application when you wish to be added back in and this would be further costs and delays to the estate administration.