The time immediately after someone dies can be difficult for family and friends of the deceased. Alongside the emotional challenges of grief, there are also the practical concerns of registering the death, managing the estate, and following the necessary legal processes. If a loved one has been named as the executor in the deceased person's Will it can be a lot to take on, and the administration of an estate can often be complicated. If the deceased had no Will in place, the rules of intestacy govern who can act as the administrator. 

For beneficiaries, the probate process can be frustrating, and can feel like it is prolonging the grieving period, especially if it takes more than a year before any gifts are made. However, it is important to understand that there are a great many duties an executor/administrator must fulfil when administering an estate, and distributing assets or gifts is one of the final tasks. In fact, a year is a relatively standard timeframe for estate administration, although it can be faster for simple estates or slower for more complex estates. Executors/administrators can sometimes have a lot to do just to be able to apply for a grant of representation, and then after the grant is received before the estate is ready for distribution.

Below, the experts at JMW explain how long probate usually takes and break down all of the stages of the probate process. Remember that every estate is different. Try to communicate with the executor/administrator if the process is taking a long time, as there may be factors outside of their control causing delays. If you are concerned that an executor/administrator is taking too long to complete the estate administration, you can seek legal advice from our team about whether we can help.

What happens after the probate application is successful?

Once the executor/administrator receives a grant of representation from the Probate Registry, they can begin to administer the deceased's estate. Some parts of this may have been done before receiving the grant of representation, for example, valuing the estate must be done beforehand and can usually be done with a death certificate. This calculation determines whether or not there is Inheritance Tax to pay on the estate, and helps to give an estimate of how much beneficiaries of the estate could expect to receive (depending on the structure and provisions of the Will).

Once the grant has been received, the executor/administrator can begin the formal estate administration process. First, they must gather in all the estate's assets. These include:

• bank accounts;
• savings accounts;
• investments, e.g. stocks and shares;
• property assets;
• personal possessions; and
• any other relevant assets, e.g. life insurance policy.

Gathering the assets may demand that the executor/administrator closes bank accounts, redeems investments or, if the estate includes property, transfers ownership or arranges for its sale before any distributions can be made. While this should not usually take too long after probate has been granted, if a property needs to be sold, then the executor/administrator needs to wait until a buyer has been found for the property, and for the conveyancing process to be completed. There can be further delays if the estate includes foreign property or other assets that are based overseas.

Once the executor/administrator has access to all of the estate assets, they must reconcile any debts. The value of the estate includes all of the assets minus debts and liabilities. As such, they must pay off any mortgages, loans, credit card balances, utility bills etc. that are outstanding. The executor/administrator should also check for any unpaid taxes, including Income Tax, Capital Gains Tax and Inheritance Tax, that may apply to the estate. These outgoings should have been accounted for during the process of estimating the estate's value, but there is still the potential for new liabilities or outstanding debts to arise. Executors/administrators are advised to advertise for creditors using statutory notices in The Gazette or in local newspapers. This allows any unknown creditors to come forward within a specified period, usually two months, to make a claim on the estate. This protects the estate from claims that could be made later, but it can introduce delays into the process.

By this stage, the executor/administrator should ideally have prepared comprehensive accounts that detail specific gifts and informed beneficiaries of what they should expect to receive. From there, the executor can proceed with distributing gifts and legacies as outlined in the Will, or the administrator can distribute following the rules of intestacy. For specific gifts, this involves transferring the specified items or payments to the named beneficiaries. Finally, they can distribute the remaining estate to any residuary beneficiaries named.

However, this is not as straightforward as it may sound. For example, if the estate includes property assets left to a specific person, it can be transferred into that person's name quite simply. However, if the will only specifies percentages to be gifted, then the property must be sold before inheritance money can be paid. The executor/administrator may also need to retain a portion of the estate for a reasonable period if there is a risk of potential claims against the estate. This can mean that part of the inheritance is delayed and paid later.

The probate process is not always complicated, but it relies on other parties to fulfil their responsibilities on time and can encounter delays at any stage. While it should take no more than a year in simple cases, most complex estates take longer than this without legal support. To overcome the issues of delays, executors/administrators should communicate clearly with beneficiaries throughout the process and make sure everyone understands what is going on, and when to expect the process to be finished.

What can cause delays in distributing the estate's assets to beneficiaries?

As we have noted, there are many reasons why you may not receive assets or inheritance money quickly after a person's death. Some factors that commonly cause delays in the probate process include: 

• Resolving outstanding debts and liabilities: all outstanding debts, including taxes, loans and other obligations, must be paid before distribution. If there are substantial liabilities or if creditors are slow to respond, this can delay the process.
• Complexity: estates with multiple properties, business interests or foreign assets may take longer to administer due to the additional complexity involved. Foreign assets may require compliance with international probate processes, which can introduce further delays, and may involve complex tax considerations that could postpone distribution until all obligations are met.
• Inheritance Tax: calculating and paying any Inheritance Tax due on the estate can cause delays. The tax must typically be paid within six months of the date of death, but estates with large or varied assets can take longer to assess. The executor/administrator may need to value the estate twice - an estimate is suitable to begin with, but if Inheritance Tax must be paid, a more specific valuation will be needed. Additionally, executors/administrators may need confirmation from HM Revenue & Customs that all tax liabilities have been settled, which can take time.
• Beneficiaries: disagreements among beneficiaries, such as disputes over the interpretation of the Will or the distribution of specific assets, can cause delays. If beneficiaries contest the Will’s validity or bring claims for a greater share of the estate, this can result in lengthy legal proceedings. If it is difficult to find beneficiaries, this can also delay the probate process.
• Personal delays: if the executor/administrator or any professional advisors involved (such as solicitors, accountants, or valuers) are unavailable or take longer than expected to complete their work, this can delay the overall timeline. There can be challenges involved in executors/administrators fitting their obligations in with the other parts of their life - including their grief. Executors/administrators who are inexperienced or lack the necessary skills to handle complex estates may require additional support, which can extend the administration period.
• Probate delays: there are often delays in obtaining probate due to administrative backlogs within the probate registry, and these can quickly get worse during busy periods or due to unforeseen circumstances. Without the grant of representation, executors/administrators cannot access the deceased’s accounts or begin formally administering the estate.

If an executor/administrator is uncommunicative and the process encounters significant delays, it may be possible to have them removed. However, the legal process to do so is complicated and may be avoided by speaking to the executor about your concerns.

The best option may be to work with a professional executor who is experienced in this field. They can take on the role from the existing executor/administrator, or may be named by the person who wrote the Will from the outset. There are many advantages to this; for example, they will be able to prepare the necessary paperwork and accounts more efficiently, and they will be familiar with working with the probate registry and know when to expect delays, and can anticipate any further complications that may arise. This means they can give beneficiaries a more realistic estimate of what to expect, and avoid conflicts of interest that can lead to family disputes.

If you need support writing your Will, the services of a professional executor, or advice on challenging an executor/administrator and having them removed, JMW's Private Wealth team can help. Call us on 0345 872 6666 or use our online enquiry form to request a call back.