Those applying for Probate can currently expect to wait up to 16 weeks for the Grant of Probate to be issued due to delays at the Probate Registry. However, there are some seemingly straightforward applications that have been taking far longer.
This can be extremely frustrating for families who might need the Grant of Probate to release funds to pay inheritance tax, or where there are properties to be sold (which have been under offer since before the death occurred).
There used to be a time where a Grant of Probate would be issued within days of the application being submitted, but unfortunately those days seem a distant memory. The process for applying for Probate was digitalised some years ago so that you now have to apply through a Government Portal. The effectiveness of this portal is now being called into question.
In November 2023, the Justice Committee launched an investigation into the delays at the Probate Registry. The Committee will investigate several potential contributing factors such as the Probate Registry’s capacity, resources and the effect of digitising the process. They will also be hearing from professional bodies with a view to coming up with some solutions.
Do I need a Grant of Probate?
A Grant of Probate isn’t needed to administer every estate as it depends on what assets form part of the estate.
Generally, assets that are held in a deceased person’s sole name or held jointly as tenants in common, will require a Grant of Probate. Assets that are held in joint names as joint tenants i.e. a joint bank account, would not pass under the terms of the Will and so a Grant of Probate would not be needed to release funds.
Where someone has died without a Will, a Grant of Letters of Administration generally should be obtained to confirm the Administrator’s authority to administer the estate, even if the assets are capable of being dealt with without the Grant.
How Can Timms Help?
It is always best to seek some legal advice following a death so that you can be guided through the estate administration process.
If you have any questions about applying for the Grant of Probate, please contact me on 01283 214 231 or at c.day@timms-law.com
