How long probate takes without a will depends on several factors, including the size of the estate and how complex it is. Many intestate estates take between 9 and 12 months from start to finish to settle, with some completing faster and more complex cases taking longer.
At Bartletts, we have a dedicated Wills and Probate team who can guide you through every stage of the probate process, from confirming who is entitled to administer the estate under the intestacy rules through to ensuring that the estate is distributed correctly. We understand that many clients seek our help during an incredibly difficult time, and we provide legal advice with care and empathy.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Is ‘No Will Probate’?
When someone dies without a will, they are said to have died ‘intestate’. Their estate is dealt with under the intestacy rules, and the people who want to take responsibility for administering it usually need to apply for ‘Letters of Administration’, rather than a Grant of Probate. The person who administers the estate is known as the administrator, and the intestacy rules set out which relatives inherit and in what shares.
The overall process involved in administering an estate involves valuing the estate, dealing with any inheritance tax forms, applying for the Letters of Administration, collecting in assets, paying debts and tax, and then distributing what is left to the beneficiaries. Because there is no will to clarify the deceased’s wishes, there can be extra checks and potential for disputes, which is why intestate estates often take longer to settle.
What Are The Intestacy Rules?
The intestacy rules are a set of rules that dictate who inherits the assets of someone who dies without a will based on their family relationships at the date of death. The rules do not take into account personal wishes, informal promises, or how close you feel to individual relatives, which is why the outcome can sometimes surprise and disappoint families.
Broadly, the rules look first to a spouse or civil partner and any children, and then to other blood relatives in a strict order if there is no surviving spouse, civil partner, or children. Unmarried partners, step children who have not been legally adopted, and friends generally do not inherit under the intestacy rules, even if they were financially dependent or very close to the person who has died.
Where there is a surviving spouse or civil partner and children, the estate is usually divided between them. Where there are only more distant relatives, the estate may pass to parents, siblings, nieces and nephews or more remote family members, depending on who is still alive. If no entitled relatives can be traced, the estate can ultimately pass to the Crown, but this is relatively rare, and there are processes for certain dependants to make claims against an intestate estate if reasonable financial provision has not been made for them.
Typical Timescales For Probate Without A Will
It is impossible to say with certainty how long an estate will take to settle, since so much depends on the circumstances, including how large the estate is, the nature of the assets, and whether any disputes or issues arise.
As a very general rule, a straightforward intestate estate might complete in around 6 to 9 months, while many estates without a will can take around 9 to12 months. Complex estates can take between 12 and 18 months or longer to settle.
How Bartletts Solicitors Can Help With Probate Without A Will
At Bartletts, we have long established Wills and Probate teams in Chester, Liverpool and across the North West. Our highly-regarded specialist lawyers deal with intestacy, estate administration and related tax and property issues. We offer a full service for settling estates, including advising on intestacy law, inheritance tax and capital gains tax, and offering ongoing guidance and support throughout the process.
We pride ourselves on our personal service and putting our clients’ needs first. Clients are always welcome to meet with us face-to-face to discuss their matter, or we can advise you over the phone or remotely if those methods suit you better. Howsoever and wherever you meet with us, you can be sure that we will go out of our way to put you at ease and take the time to get to know you and your family.
We are dedicated to providing our clients with real value for money when it comes to legal fees. We will always try to provide a fee estimate before we start work to enable you to budget accordingly. Where a matter is complex or protracted, we will provide ongoing fee quotes, updates, and breakdowns as the matter progresses, and we will answer any queries promptly and comprehensively.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
