Probate is an official process wherein the legal right to deal with someone’s property, money and possessions (their ‘estate’) after they have passed away is passed to someone else.
Those who have the grant of probate can then administer the estate of the person who has died and ensure its distribution to those who will inherit. This is done after discharging any debts and liabilities whilst also ensuring that relevant taxes are calculated and paid.
Some estates can be very complicated, in which case having a probate specialist to advise you and make sure that all matters are resolved in accordance with the law, is essential.
How long does it take to obtain probate?
The timeframe for obtaining probate can vary, as several factors can influence the process.
Our priority is to work closely with the executors, keeping them informed at every stage so they always know where things stand.
On average, securing the necessary paperwork from the Probate Registry takes between three and nine months. However, more complex estates may take longer to finalise.
Who can apply for probate?
The individuals responsible for managing a deceased person’s estate are known as Personal Representatives (PRs).
There are two types of probate:
- Executors – If there is a Will, the named executors can apply for probate.
- Administrators – If there is no Will, the closest living relative, as determined by the rules of intestacy, can apply.
Executors have the option to appoint a solicitor or accountant to handle the probate process on their behalf.
The chain of representation
The person who can apply for a grant as an administrator is determined by law.
The hierarchy is as follows:
- The executor.
- Any residuary legatee of devisee holding in trust for another.
- Any residuary legatee or devisee including one for life, or if there is an undisposed property, those entitled under the intestacy rules.
- Any PR of any residuary legatee or devisee absolutely entitled or entitled under the rules of intestacy.
- Any other legatee or devisee, or any creditor of the deceased.
- The PRs of those mentioned in the previous point.
Where there is no Will, the hierarchy is determined by the rules of intestacy in the following order of priority, provided they have beneficial interest:
- Surviving spouse/civil partner.
- Children (or the issue of a child pre-deceased).
- Father or mother of the deceased.
- Whole blood siblings (or the issue of a sibling who pre-deceased).
- Half-blood siblings (or the issue of a half-blood sibling who pre-deceased).
- Grandparents.
- Whole-blood aunts and uncles (or their issue if pre-deceased).
- Half-blood aunts and uncles (or their issue if pre-deceased).
If there is no one that fits these criteria, the Treasury solicitor is entitled to a grant if they claim ‘bona vacantia’ (ownerless goods) on behalf of the Crown. If none of the above apply, a creditor of the deceased may apply.
What about probate deadlines?
- The deadline for filing the Inheritance Tax (IHT) form(s) with HMRC is within 12 months of the date of death.
- Somewhat strangely, the deadline for paying any IHT to HMRC is by the end of the sixth month after the person’s death.
- There is no deadline for applying to the court for probate, however much of the estate administration will not be possible until this is received.
The rule of intestacy
If the deceased did not possess a valid Will when they died, the rules of intestacy are then enacted to find suitable beneficiaries.
About the Ripe Group
The Ripe Group offers integrated accounting, tax and probate services to meet all your needs. Our approach is modern, transparent, and always tailored to you. The group consists of:
- Ripe LLP a Limited Liability Partnership incorporated in England & Wales, Registration number: OC327651.
- Ripe Ltd incorporated in England & Wales Registered number 06223811.
- Ripe Probate Ltd incorporated in England & Wales Registered number 13617749.
- Registered Office address: 9a Burroughs Gardens, London, NW4 4AU.
- Ripe Accountancy Services Private Ltd incorporated in India.
