How Long Does Probate Take Without a Will?

A recent study found 56% of adults, aged 18 and over, in the UK didn’t have a valid Will in place.

The majority of the population will be unaware of the difficulties not having a valid Will in place can create after their death, during a time of grief and sadness as loved ones come to terms with losing a family member, friend, or colleague.

A Will may sound familiar to many, but would you know what to do if there was no Will in place to help with the administration of an estate?

We aim to provide answers to some of the frequently asked questions around a scenario – having no Will in place – that is much more common than you’d think.

How does the Process look?

Although having a Will in place for this eventuality has its obvious advantages and benefits, the process largely follows the same pattern if a person dies intestate (i.e. without a Valid Will).

The major effects of having no Will centres on the time taken to complete phases of the process, as well as the added complexity that comes with having no clearly defined instructions and wishes that you’d find in a Will.

Taking you through the process, here’s what you can expect:

• Is there a Will? – Checks will seek to locate a valid Will. This can take time when the affairs of the deceased are not legally in order. A Will would avoid this delay in the early stages.
• How is the estate made up? – This step requires identification of any elements of the estate as well as outstanding debts and payments owed.
• Court forms – Relevant HMRC and HMTCS (Probate Court) forms must be completed to progress Probate at this point. In intestacy applications, you can only apply online if you meet certain criteria.
• Payment of Inheritance Tax – This next step involves payment of tax.
• Assets and settling of liability – This step sees the distribution of assets and settling of liabilities associated with the estate. Without a Will, this could be a point of contention which could be met with challenges from people unhappy with the intestacy rules.

Who can apply for Probate if there’s no Will?

If there is no valid Will in place, a list of those entitled to administer the estate is used, with people, based on their relationship to the deceased, ranked in priority order.

The closest living relative – usually a husband, wife, or civil partner (including if separated) – will be eligible. If they are not an option, it falls to any children of the deceased aged 18 or over.

If you’re in the process and unsure who can administer the estate in question, contact a legal professional like Winns for guidance.

What does dying intestate mean?

When a person dies intestate, it relates to a person passing away without a valid Will in place to help with the legal administration of an estate.  

Understanding this status at the beginning of the process is vital as it directly affects all steps from then onwards.

If you were to die intestate, the Rules of Intestacy would apply. This, essentially, means your estate is administered in accordance with a set of legal rules that dictate who is eligible to receive it and in priority order, based on family circumstances.

This, of course, leaves your estate open to beneficiaries who you may not want to benefit because of an historic dispute, for example, and so, ideally, you’d have a Will in place that avoids any of this uncertainty, empowering decisions made when you were alive.

What is the role of an administrator?

If someone dies intestate, then an administrator is appointed by the court to conduct the administration of the estate in question.

This differs from the title of executor, which is given to someone specifically named in a valid Will who has been chosen to administer the estate of the deceased.

Although the title is different, the roles and responsibilities are very similar and once the grant of letters of administration has been issued (rather than the Grant of Probate that would be issued if there was a valid Will in place), an administrator will have the same role as that of an executor.

What is a typical timeline for Probate?

Putting time scales on Probate is not an exact science. It’s difficult to put a specific timeframe on it, with a host of factors affecting how long Probate takes to complete.

This applies to both intestacy and Probate where a Will is valid.

A straightforward estate with a small number of beneficiaries will see Probate take less time to complete compared to a more complex situation where a Will isn’t present to explicitly state wishes of the deceased and specific beneficiaries who will receive certain elements of the estate.

Having a valid Will in place avoids uncertainty and helps provide clear direction during an understandably unsettling time. Dying intestate leaves many important decisions up to the legal rules that dictate next steps in this scenario, with outcomes that you may not have wished for if you had the choice to make.

What can delay the process?

Although it is difficult to put a final end point, time wise, on Probate, there are some common factors that can slow the process.

The complexity of the estate is one. If there are different elements all needing accounted for and included, this will inevitably take longer. For example, an estate containing a single property and bank account is easier to conclude searches on as opposed to an estate containing shares, businesses interests, and multiple properties.

If following intestacy rules, Probate could be more open to challenge by the beneficiaries, who may feel they are more entitled to parts of, or the whole, estate. When law dictates this important decision, it doesn’t take into consideration the very specific family/friend dynamic of the individual who has died and their loved ones.

An example could be a relative that was much closer to the deceased than, say, the legally enforced next beneficiary (an estranged son or daughter) who would be in line to receive the estate.

When challenges are made and disagreements start, this only delays the end point and adds time to the Probate journey.

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