Gathering information
Whether the personal representatives deal with the work themselves or whether they engage a professional firm to deal with it for them, the time needed to gather the necessary information will depend very much upon the nature of the deceased’s assets and liabilities and the efficiency of any financial institutions involved. In practice it is rare for this process to be completed within a month and two or three months is very much the norm.
Completing the paperwork
If HMRC’s conditions for an “excepted estate” are not met the personal representatives will need to file a full Inheritance Tax Account. The time needed to complete this will depend very much on the experience of the person dealing with it – even for a seasoned professional the process of drafting, checking, and resolving any queries is likely to take several weeks.
If a full Inheritance Tax Account isn’t required, the personal representatives can complete a shorter more basic form or, if certain conditions are met, deal with the Inheritance Tax position via the probate application.
Applying (and waiting) for the Grant of Probate
Other than the time taken to complete the application – either online or on paper – this part of the process is largely outside of the control of the personal representatives. There is firstly a requirement in cases where a full Inheritance Tax Account has been submitted that everything is paused for 20 working days to give HMRC time to confirm receipt of that form (and any initial payment of tax) to the Probate Registry.
The application for the Grant of Probate – either online or via a paper form – is in itself often fairly straightforward, but it is important that any potential issues are picked up at this point and explanations and/or further documentation provided. The Probate Registry state that they will deal with applications within 8 weeks but that will not be the case if the process is paused because of a query (indeed, our experience is that a fairly simple issue can result in the application being returned to the bottom of the pile).
In a straightforward case where a full Inheritance Tax Account is not needed and everything runs smoothly, it should be possible to obtain probate within about three months of the date of death. In practice, of course, estates are often not straightforward and things rarely run smoothly all the way. A more normal timescale is six months plus, with delays typically occurring at the information-gathering stage and at the Probate Registry itself. Personal representatives should bear in mind that, while the family may be pressing them to get things finalised, it is their responsibility to get the numbers right and that it is worth spending a bit more time on the paperwork to avoid delays with the Probate Registry and (where Inheritance Tax is an issue) long lists of questions from HMRC.
The next steps
If you need assistance in dealing with the estate of a friend or family member, or if you want to plan your own affairs so that delays in obtaining probate will not cause hardship, please contact Mark Giddens or your usual UHY adviser.
