How long does Probate take?
How long does Probate take, firstly many people don’t really know what the term means. Probate is the word most commonly used while talking about the handling of either the property or the will of a deceased person. In cases where there is no will then the close relative of the deceased can apply for the Probate. Probate generally is the process of registering the last will of the deceased in the Supreme Court. Because when somebody passes away there has to be some individual to take care of the assets and estate left behind by the deceased. And how long does probate take? This depends upon a number of varied factors to be looked into. Firstly the family and the close relatives need to call the executor appointed by the deceased to prepare and handle the proceedings of the will. It is this executor who will tackle the issues surrounding the disposal of the estate and the assets of the deceased amongst the people mentioned in the will. How long does this entire disposal of assets take? In order to determine this, the executor first has to obtain a legal document from the court known as Grant of Probate.
To safeguard the estate and assets of the deceased the executor needs to authorize and authenticate the prospective administers of the estate. How long does Probate take? In order to attain the Grant of Probate the executor who has been mentioned in the will of the deceased needs to apply to the Probate Office in the Supreme Court. It is then up to the Supreme Court to either approve the granting of the Probate or to decline it in case of any fraudulent applications.
How long does it take to get the validation of the assets and estate in case of a missing will? In case of a will being missing of the deceased or even haven’t made it all in the first place then the close relatives of the deceased cannot apply for something like Grant of Probate. Hence in this case the validation of the estate and assets of the deceased can be done by filing for a legal document known as Letters of Administration. And the person or close relative applying for this is known as the Administrator.
And how long does it take to get this legal document? Before applying for this there are certain factors to be considered upon as to who can be the prospective administrator of the estate of the deceased in order to claim for it. Chances of you being the prospective administrator are high if at all you are the spouse of the deceased, or the son/daughter of the deceased, even the parent of the deceased in these cases applying as a Administrator are more legalized. How long does it take to get Probate by Grant of Probate and also Letters of Administration? Without any complications or any involvement of fraudulent case it should take anywhere between 3 to 5 weeks. How long does it take to get Probate in case if a tax payable case to be dealt with? In such complicated and tax payable cases it can take longer than the usual time frame.
Considering all of the issues discussed above, if all parties somewhat see eye to eye, the assets and such are not to diverse, and if there are no complicated tax issues, then less then a year or so is not out of the question. But do not kid yourself it can sometimes take several years.