How Long After Probate Is Granted Does it Take to Receive Inheritance?
Once probate is granted, many people assume that funds will be released to beneficiaries straight away, but in practice, there are several legal and practical steps that need to be completed first. If you are a beneficiary, it helps to understand what happens next and why the process can sometimes take longer than expected. In this blog, the probate solicitors at Clough & Willis explain how long it usually takes to receive inheritance after probate is granted and what can affect the timescales.
To find out more about how we can help you, call us on 0800 083 0815, or fill out our online enquiry form to request a call back at a time that is suitable for you.
What needs to happen for probate to be granted?
Probate is the legal process of administering a deceased person’s estate. If the person left a valid will, the executors named in the document apply to the Probate Registry for a grant of probate. This confers the legal authority to collect the deceased’s assets, settle any outstanding debts and distribute funds to beneficiaries.
If there is no will, a similar process applies, but the personal representatives will instead need to apply for letters of administration. In either case, the grant of representation - whether it is a grant of probate (when there is a will) or letters of administration (when there is no will) - is the official legal document confirming who has authority to deal with the deceased person’s estate. Without it, banks, building societies and investment providers will not release funds or transfer assets.
What happens before inheritance is paid out?
Once the grant of probate has been issued, the executors or personal representatives have a legal responsibility to:
- Gather in all assets, including bank accounts, savings accounts, life insurance policies and personal possessions.
- Pay any debts, utility bills, funeral costs and other liabilities.
- Deal with Inheritance Tax, Income Tax and, where relevant, Capital Gains Tax.
- Sell property, shares or other assets if needed.
- Make sure there are no claims against the estate, which can involve placing statutory advertisements in local newspapers.
Only after these steps are complete can funds be safely distributed to beneficiaries.
How long does it usually take to receive an inheritance?
There is no fixed timescale for when you will receive an inheritance after probate is granted. For many straightforward estates - for example, where there is a single bank account and no property involved - beneficiaries may receive their share within about six to nine months of the person’s death, often within what is commonly referred to as the executor’s year.
What can increase the time it takes to receive the inheritance?
Even after probate has been granted, it is not always possible to release funds quickly. Some estates are more complicated to administer than others and can take much longer to complete. A range of factors affects this, including:
- Property that needs to be sold: if the deceased person owned a house or flat, it usually must be valued and put on the market before the proceeds can be distributed. Finding a buyer and completing a sale can take several months or longer, particularly if the property chain is complicated or the market is slow.
- Foreign assets or investments: when an estate includes assets in another country, such as property or bank accounts, there are extra steps to comply with foreign inheritance laws and arrange the transfer of funds. This often involves additional paperwork and liaison with overseas solicitors or estate agents.
- Multiple bank accounts and investments: estates with several bank or building society accounts, savings products or investment portfolios take more time to gather in. Each institution requires its own forms and evidence before closing accounts and transferring balances.
- Inheritance Tax to calculate and pay: if Inheritance Tax is due, executors must submit detailed information to HMRC and arrange payment, sometimes in instalments. HMRC may raise queries or start an investigation, which can hold up final clearance. No distributions should be made until tax liabilities are settled.
- Outstanding debts or liabilities: executors must pay debts, credit card balances, utility bills, funeral costs and any overpaid benefits before passing any inheritance to beneficiaries. Gathering statements and confirming balances can be time-consuming, especially if creditors are slow to respond.
- Disputes between beneficiaries: sometimes, beneficiaries disagree about how the estate should be divided or whether the will is valid. Other times, someone brings a claim under the Inheritance (Provision for Family and Dependants) Act 1975, arguing they have not been adequately provided for. Any disputes or claims can delay distribution until they are resolved through negotiation or court proceedings.
- Missing beneficiaries: if the whereabouts of a beneficiary are unknown, executors have to make reasonable efforts to trace them, which can involve instructing a tracing agent and waiting for results.
- Statutory advertisements: executors often place legal notices in local newspapers to alert any unknown creditors. They must then wait a set period - usually two months - before distributing assets, to protect themselves from future claims.
Any combination of these issues can add weeks or months to the process. In some estates, particularly those involving foreign property, Inheritance Tax payments or legal claims, it can take a year or more before beneficiaries receive their full entitlement.
Can inheritance be paid in stages?
Sometimes an estate can be large enough that the executors are confident all debts and tax liabilities can be met. In these cases, it may be possible to make an interim distribution - an early payment to beneficiaries before the estate is fully settled.
This can help where beneficiaries need funds for immediate expenses, but is done entirely at the executors’ discretion. They must be sure no further claims, liabilities or unforeseen costs will arise.
Why seek legal advice?
Administering an estate can be time-consuming and, at times, unexpectedly complicated. Even where there is no dispute, the process involves managing detailed paperwork, meeting strict deadlines, and making sure debts, tax and other obligations are settled correctly.
Having an experienced probate solicitor involved, such as those at Clough and Willis, provides:
- Guidance through the legal process from start to finish.
- Preparation of the probate application and liaison with the Probate Registry on your behalf.
- Help in handling complex assets, such as property or foreign investments.
- Reduced risk of delays, errors or misunderstandings that could lead to disputes later on.
- Protection for executors from mistakes for which they would be personally liable.
- Support beneficiaries in understanding their position and when they are likely to receive funds.
Call Clough & Willis on 0800 083 0815, or fill in our online enquiry form to request a call back at a time that suits you.