Deed of renunciation and power reserved explained
If an Executor does not want to get involved in dealing with the Estate, they do not have to. They need to sign a document called a Renunciation.
How long does probate take?
Obtaining the grant of representation and administering an estate typically takes 9 to 12 months to complete.
Probate typically takes 9 to 12 months to settle an estate. Your probate case manager will be in close contact with organisations such as HM Revenue & Customs (HMRC), HM Court Service, the Department for Work and Pensions and all relevant financial institutions during the estate administration. They will work to make sure that progress with these organisations is achieved as quickly as possible.
Timeline for probate
Every estate is different. The amount time to administer an estate can vary, depending on its complexity. Generally, an executor or administrator should try to complete the estate administration within a year of the death. This is sometimes referred to as the 'executor's year'.
Sometimes, probate can take longer than a year. This may happen because of:
- complex Inheritance Tax situations
- lengthy property sales
- missing beneficiaries
Your case manager will keep you updated and let you know the likely timeline to administer the estate.
Month 1 – starting your probate case
On receipt of your probate case, your case manager will carry out a detailed legal review of the estate to clarify the issues that will need addressing in order to apply for the grant of representation. They'll let you know if they need anything else from you before we start valuing assets and liabilities in the estate.
Months 3 to 6 – applying for the grant of representation
To apply for the grant of representation it is necessary to have:
- contacted all identifiable financial institutions in order to accurately verify and value the estate
- completed the relevant Inheritance Tax forms and finalised the Inheritance Tax position with HMRC (whether there is Inheritance Tax to pay or not)
- completed all documentation necessary for the court application, including checking the validity of the will or accurately applying the rules of intestacy where no valid will exists
Typically, it takes 3 to 6 months to complete all the necessary legal, tax and administration work, submit the application and receive the grant of representation from the court.
Months 6 to 9 – interim distributions to the beneficiaries
Once the grant of representation has been received it can be sent to the bank. After the bank has received all the necessary documents, the money in the accounts will usually be released within 10 to 15 working days.
Once the grant of representation has been received, adverts are placed in the London Gazette and a local paper. These adverts have a 2 month notice period within which creditors of the estate can claim for any debts. This significantly reduces the risk of future claims by creditors against the estate. Alternatively, we can help you with protecting yourself and the beneficiaries through insurance cover.
After this period, provided we have funds available and no outstanding debts, it is usually possible to distribute some of the estate to the beneficiaries.
Months 9 to 12 – final distributions to the beneficiaries
Claims can still be made against the estate in the 6 months after receiving the grant of representation by anyone who believes they are entitled to benefit. It is important to ensure that all potential claims on the estate are resolved before the final distributions are made.
Assuming that there are no claims and everything goes smoothly, we can usually finalise all the legal, tax and administration work and distribute the rest of the estate to the beneficiaries within 9 to 12 months. This will complete the probate process.
Common questions about probate timelines
Co-op Legal Services has over 800 staff working in different businesses with offices in Manchester, Bristol, Stratford-upon-Avon, Sheffield and London.
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