We are frequently asked as to whether there is a time limit to apply for probate. The answer varies depending upon a number of factors.
The key probate time limits are set out below:
Is inheritance tax payable ?
If there is an Inheritance Tax liability then the tax return must be filed with the Inland Revenue within 6 months of the date of death, otherwise interest or penalties can apply.
Is Executor acting promptly ?
If an Executor or Administrator acts unreasonably by refusing to administer an estate then a disgruntled beneficiary can apply to the Court to have that person removed by the Court in exceptional circumstances.
How long does probate usually take ?
How long probate takes depends upon the size of the deceased persons assets and liabilities. As a general guide if a grant of probate is needed to collect monies in a bank account we can normally obtain a grant within 4-6 weeks. In more complicated cases, probate can take between 12-16 weeks. If Inheritance tax is payable then 3-4 months however times
Making a Claim against an estate
But what happens if you want to contest a will, what type limits apply ?
The time limits to contest a will vary depending upon the type of claim and expert help should be immediately obtained. The reason for this, is that a claim for financial maintenance under the Inheritance Act is just 6 months from the date when probate is issued, fraud cases carry no time limits, while creditors must bring their claim against an estate within a 6 year period.
If you need advice on probate time limit please call us on 01482 42 9985 or e-mail tim.murden@tmsolicitors.co.uk we act for clients nationwide.
