It can be difficult and time-consuming to handle a loved one’s estate after they have passed away. With many estates needing longer than a year to settle, delays in the probate procedure are becoming more common. This blog looks at the reasons why getting a grant of probate may be difficult or time-consuming.
What is a Grant of Probate
A legal document known as a grant of probate gives the executor of a will access to the deceased’s assets and bank accounts. Once this is obtained, the executor can handle money, sell assets, and pay off debts. Only when a valid will is in existence is this referred to as a grant of probate; otherwise, it is known as a grant of letters of administration. A letter of administration functions similarly to a grant of probate.
To establish the validity of a will and identify the person allowed to administer the deceased’s inheritance, probate is required. Before doing anything with the executor’s assets, a grant of probate must be requested. Determining and paying any applicable inheritance tax.
Steps of the Probate Process
- Identifying the deceased’s assets and any debts
- Identifying all beneficiaries as specified in the will
- Determining and paying any applicable inheritance tax
- Request a grant of representation from the Probate Registry
- Distribute assets to each designated beneficiary
Probate Delays
Delays to probate grants are becoming more frequent. Here, we examine a few potential causes for this:
- Missing paperwork can result in significant delays; therefore, it’s better to ensure the application includes all necessary paperwork.
- Inheritance tax papers must be filed 20 days before your application; this information is missing.
- Missing executors can cause delays. The executor must be prepared to manage the estate and provide all necessary details.
- Concerns about the validity of the will can cause significant delays and stress. If the document is incomplete, damaged, or capacity is in doubt, there is reason to doubt its validity.
- Missing wills. Finding a will can be difficult and time-consuming. A will needs to be recorded and kept secure.
- Foreign assets can delay the process. If the estate you are dealing with has cross-border assets, you may need to have your grant of probate resealed. It can be a complex process involving probate across more than one country. Our team are at hand to help.
