How Soon Do You Have To Apply For Probate ?

If you are an Executor or Administrator of an estate, a frequently asked question is how soon do you have to apply for probate ?

The simply answer is as soon as possible. However, the most important dates and times often involved in questions about probate are as follows :-

• If there is Inheritance Tax payable, the rules provide that an Inheritance Tax return must be filed within 6 months of the date of death together with the payment of any tax. You can read more about this important deadline by clicking here.
• It is important that probate is applied for as soon as possible as an executor of an estate has a duty to administer the estate promptly. Often without probate asses such as money in a bank account or a property cannot be sold without probate.
• Delays in obtaining probate inevitability cause problems, leading to disputes with beneficiaries. If an executor doesn’t administer an estate promptly then there is always a risk that an application could be made to the court to have the executor removed.
• Applying for probate does not take time. If banks and other organisations are not notified this causes problems with over payments being made, which the estate must repay at the end of a estate administration. This work could all be avoided if probate is applied for promptly. Overpayments due to the DWP are an example of this.
• Be aware of not distributing an estate if there is a dispute. Claims under the inheritance act are very tight – just 6 months from the date of death. As an executor never distribute an estate if there is a dispute, until the issues have been resolved.
• Probate can take time. The probate registry in 2019 has been beset with delays – get your application in time.
• Beneficiaries will inevitably start chasing for their legacies if probate is applied for within a sensible period.

Whilst probate may seem daunting it isnt if you get the right help.

If you are an executor unsure of when to apply for probate or need help, please contact Tim Murden   on 014282 429985 or contact tim.murden@tmsolicitors.co.uk. TM solicitors specialise in all aspects of probate and help clients across the UK.