How long to get probate?

[Gersemi]

They say it can take 16 weeks for them to grant probate and you should not chase them earlier as that simply diverts their staff from working on cases.

Maybe it should be privatised

I doubt that would help. The only thing likely to speed things up is to have more staff working on them. As the Government pays its junior staff the minimum wage, it's hard to see how a private company could do it for less.

[scrumpyjack]

They say it can take 16 weeks for them to grant probate and you should not chase them earlier as that simply diverts their staff from working on cases.

Maybe it should be privatised

I doubt that would help. The only thing likely to speed things up is to have more staff working on them. As the Government pays its junior staff the minimum wage, it's hard to see how a private company could do it for less.

Their staff might actually be in the office?

[AF62]

Maybe it should be privatised

So you can get the wonderfully efficient service that you can get from companies like the privatised energy suppliers, hmm… how much was E.ON just fined by Ofgem for its shockingly bad customer service?

[DrFfybes]

My docs were thought lost as the postal tracking showed nowt but they had reached but we're still not signed for.

We didn’t use a tracked postal method as there seemed little point.

Sending things "signed for " to large businesses is often a recipe for disaster. The postie arrives at 06:30 fresh from the sorting office, drops off the large sack of post, but the night guard is having a comfort break before their shift ends, so all the signed for stuff goes back to the depot.

And if the sender puts your name on to make absolutley sure it gets to the correct department, they should damn well check you aren't on leave otherwise an essential piece of hardware can sit in limbo for 4 days costing thousands in hire fees for temporary signals.

Paul

[Lootman]

They say it can take 16 weeks for them to grant probate and you should not chase them earlier as that simply diverts their staff from working on cases.

Maybe it should be privatised

I doubt that would help. The only thing likely to speed things up is to have more staff working on them. As the Government pays its junior staff the minimum wage, it's hard to see how a private company could do it for less.

Better to significantly reduce the number of estates needing probate. First increase the nil-rate band to something reasonable, say a million or more. Secondly allow banks to release funds up to (say) 100K without needing a grant.

If at all possible I plan to structure my affairs so that my probate is either very simple, or is not needed at all.

[gryffron]

Maybe it should be privatised

I doubt that would help. The only thing likely to speed things up is to have more staff working on them. As the Government pays its junior staff the minimum wage, it's hard to see how a private company could do it for less.

Remove gold plated Pension rights.

[scrumpyjack]

I doubt that would help. The only thing likely to speed things up is to have more staff working on them. As the Government pays its junior staff the minimum wage, it's hard to see how a private company could do it for less.

Better to significantly reduce the number of estates needing probate. First increase the nil-rate band to something reasonable, say a million or more. Secondly allow banks to release funds up to (say) 100K without needing a grant.

If at all possible I plan to structure my affairs so that my probate is either very simple, or is not needed at all.

Yes a dramatic increase of the nil rate band, or abolition of the tax is long overdue. (Truss claims she was going to abolish it)

AFAIAA there is nothing stopping banks from releasing a higher amount except their own policies.

It would not surprise me if the Tories announce a £1 mil tax free band in their next election manifesto.

[hiriskpaul]

I was granted probate on 15 January 2023, about a month after HMRC gave them the nod.

[Clitheroekid]

Better to significantly reduce the number of estates needing probate. First increase the nil-rate band to something reasonable, say a million or more. Secondly allow banks to release funds up to (say) 100K without needing a grant.

The need for probate has nothing to do with the nil rate band. Probate is needed on many estates that are well below that level.

[Lootman]

Better to significantly reduce the number of estates needing probate. First increase the nil-rate band to something reasonable, say a million or more. Secondly allow banks to release funds up to (say) 100K without needing a grant.

The need for probate has nothing to do with the nil rate band. Probate is needed on many estates that are well below that level.

I know. I have been through such a case myself.

But the fact that IHT is due can imply probate is needed for that reason alone.

Probate exists mostly to protect creditors and HMRC is typically the biggest creditor.

[Clitheroekid]

Probate exists mostly to protect creditors ...

It really doesn't - its prime purpose is to ensure that an estate is correctly distributed in accordance with the terms of a Will (or in accordance with the Intestacy Rules).

[Lootman]

Probate exists mostly to protect creditors ...

It really doesn't - its prime purpose is to ensure that an estate is correctly distributed in accordance with the terms of a Will (or in accordance with the Intestacy Rules).

Sure in theory but the practical implication for most grieving families is that their bequests are delayed to ensure that creditors get their pound of flesh.

Besides you said also that the probate office do not read wills. So how can the probate process ensure that estates are distributed correctly?

[monabri]

Surprising (maybe lucky?)

We submitted the paperwork to HMRC and have received probate in more or less one month! We were lead to believe it might take upto 16 weeks.

[kiloran]

Surprising (maybe lucky?)

We submitted the paperwork to HMRC and have received probate in more or less one month! We were lead to believe it might take upto 16 weeks.

That sounds encouraging. We sent off the forms 2 weeks ago and just got an email to say they have the forms and probate will take up to 16 weeks.

--kiloran

[Dod101]

Surprising (maybe lucky?)

We submitted the paperwork to HMRC and have received probate in more or less one month! We were lead to believe it might take upto 16 weeks.

That sounds encouraging. We sent off the forms 2 weeks ago and just got an email to say they have the forms and probate will take up to 16 weeks.

--kiloran

If you live in Scotland it is of course Confirmation that you seek.

Dod

[AdrianC]

For my dad's estate: executor signed papers for IHT payment mid-May, just saw on probatesearch.service.gov.uk that probate was granted last week.
16 weeks total. If solicitor waited 4 weeks after paying IHT before applying for probate, then probate took about 12 weeks.
Now the real drama can begin...

[chas49]

Moderator Message:
As this is the Legal Issues (Practical) board, discussion of whether privatising the probate process would improve things is off-topic. Please don't continue this off-topic discussion here. (chas49)