The process can take time, depending on the assets involved, but typically you should be able to apply for a Grant of Probate within three months of the date of death. The application will be processed by the District Probate Registry and typically you can expect the Probate Registry to issue the Grant within two to four weeks of the date of the application.
It is difficult to be precise because it depends on the content of the will, the type of assets comprised in the estate, the amount of time taken and correspondence generated, and whether there are any complicating factors. We will give you an estimate of the likely overall cost at the start of the process, and will tell you if the process becomes more complicated than was first anticipated. As a rough guide you will be advised to budget for typical costs at 1.5 % of the gross value of the estate (before inheritance tax has been paid) to obtain a Grant of Probate, plus a similar amount for the costs of dealing with and completing the administration.
When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the court’s authority; given to a person or persons to validate their entitlement to administer a deceased person’s estate. The document issued by the Probate Service is called a Grant of Probate (or, if there is no Will, a Grant of Representation). Unless the overall value of the property is very small (usually less than £15,000) you will have to show the Grant of Probate / Representation to banks, building societies, insurance companies and other financial institutions. This is so they can be sure you are the person entitled to deal with the deceased's assets and affairs.
You can write a Will yourself but it is a good idea to take professional advice. Your Will is extremely important and professional advice ensures that your Will complies with legal requirements, that your instructions are clear and will be followed after your death, and that you have taken advantage of any tax reliefs available to you. If there are errors or omissions in your will then the consequences can be serious. The Will may not be valid at all, or it may be valid but lead to a different result than you intended, or if the irregularities can be put right this may involve substantial costs.
If you do not make a Will, then you will have no say over what happens to your assets after you die. This can cause difficulties for those you care about most. Therefore, everyone should have a Will. This is particularly important if you own property, are married or have entered a civil partnership, have a long-term partner, have children or other dependants, or if you wish to benefit someone who is not a close family member. Making a Will enables you to decide and specify how your assets will be dealt with after your death, giving peace of mind to you and those close to you. If you do not have a will the law will assume who you wish to benefit and by how much according to fixed rules. Those rules are intended to be fair, but more often than not would not reflect your wishes.