Can probate be expedited in urgent cases?
- Steve Gauke
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- Can probate be expedited
- Probate can be expedited in urgent cases, but it’s very rare and approval is discretionary.
- Common reasons to expedite probate include property sales, administrative costs and Inheritance Tax deadlines.
- If an estate’s cash is tied up in assets and they need to pay off urgent expenses, Provira’s Estate Advance can provide a simple financial solution.
In legitimately urgent cases probate can be expedited, but there’s not a formal process through which this can happen.
It is entirely at the discretion of HM Courts & Tribunals Service and would be considered only if there is clear evidence of financial hardship, a time-sensitive property sale or if a slow probate process will negatively impact the estate’s finances.
If an estate has no funds to cover urgent expenses such as an Inheritance Tax bill or administrative costs, it can be a challenging obstacle to overcome.
Dealing with this while grieving? It becomes overwhelming.
Luckily, our Estate Advance can help.
At Provira, we support families dealing with asset-rich, cash-poor estates all the time.
With our loan, executors gain access to up to 50% of the net value of the estate within days, cover their urgent expenses, and focus on moving the probate process forwards.
What’s more, executors are not personally liable and we help to keep costs low by only charging simple interest, not compound interest, not charging early repayment fees and not asking for monthly repayments.
The loan is simply repaid in full once the estate has been settled.
For more information, reach out to our team today.
How long does probate take?
Probate can take anywhere from between 9 and 12 months, to years to complete.
It all depends on the size of the estate, how many assets are involved, whether there are disputes, and how efficiently the paperwork is handled.
The most common reasons for delays to probate include:
- Missing paperwork
- Slow valuations
- Family disputes
- Lack of funds to cover Inheritance Tax
The challenge that is most likely to stall and put pressure on the probate process is paying off Inheritance Tax in time.
If an estate faces an Inheritance Tax bill, it’s due within six months of the date of death, and must be paid off before probate can be granted.
For estates that have all their cash tied up in assets like property and investments, this can feel like a catch twenty two.
While a lengthy probate process is stressful enough for executors, lacking the funds to manage the estate finances adds a whole extra weight to their shoulders.
Expediting probate could provide an answer, but it also might not always be possible.
If you need urgent access to estate funds, start your application for our Estate Advance today.
How can probate be expedited in urgent cases?
You can put in a request to HM Courts & Tribunals Service (HMCTS) to expedite probate. This is the government body that processes all probate applications.
There’s no formal fast-track service and each case is considered individually based on estates providing evidence of exceptional circumstances.
These could include a collapsing property sale or proof of financial hardship.
You can request for the process to be expedited when you submit your probate application and communicate the urgency with proof of why it’s needed.
It’s worth noting that even when the reasons for expediting the probate process are genuine, it may be refused.
But that’s no reason to panic, there are always options.
Our Estate Advance, for example, offers executors up to 50% of the net value of the estate within days. Instantly removing financial pressure and helping to move the probate process forwards.
So executors have the time and space to focus on what matters.
Not only that, but as we only charge simple interest, not compound interest, don’t charge early repayment fees, and don’t ask for monthly repayments, we keep costs as low as possible.
To start your application today, fill out our form. It only takes a few minutes.
What situations make probate urgent?
A pending property sale, mounting administrative costs and a looming Inheritance Tax deadline add the greatest amount of urgency to the probate process.
Let’s look at each one in more detail:
Property sales
Without probate being granted, a property can’t change ownership as the executor doesn’t have the legal authority to make the sale. This could result in the estate losing their buyer and putting the sale back to square one.
Ongoing maintenance costs
Between property renovations or repairs, ongoing legal fees, and other urgent expenses, the costs of maintaining an estate can add up, and fast. If they continue eating away at the estate funds, this can also affect how much a beneficiary receives when the estate is finally distributed.
Inheritance Tax
Covering an Inheritance Tax bill is one of the most common reasons executors need our loan. With a strict six month deadline, the payment can’t wait. And if the estate value is all tied up in assets, finding the funds to cover it can pose a significant problem.
Unfortunately expediting probate won’t always make these financial pressures go away.
With the estates cash tied up until after probate’s been granted, but costs needing to be covered before this point, executors can feel caught in limbo.
Find out more about how our Estate Advance helps here.
What can you do during probate while you wait?
You can take steps to move the probate process forwards in a number of ways.
Fundamentally, making sure all the i’s are dotted and t’s are crossed so there’s no simple paperwork errors which could unnecessarily derail the process.
Typically, you can’t sell property, release funds or distribute any assets while you wait for probate. This can be frustrating when any of these solutions could relieve financial pressure on the estate.
There is however an interim grant called the Ad Colligenda Bona grant. This allows the executor to take urgent action on one specific thing within the estate before probate is complete.
It’s granted in a situation where it’s very likely the estate will face significant financial loss if it has to wait for probate to complete.
This could be to push through a property sale or keep a business running effectively.
For more information, we recommend that you consult a legal advisor to expertly support you through the process.
How can Provira help when probate is delayed?
While probate can be expedited in theory, the reality is that it’s rare and would require exceptional circumstances in order to gain the necessary permissions to push it forward.
For most families, the process still takes months, leaving money tied up in the estate when it may be needed most.
At Provira, we understand how frustrating this can be. That’s why we offer a simple financial solution that allows executors to cover off urgent expenses and focus on more important things.
With our Estate Advance you can:
- Pay off any urgent estate expenses immediately
- Prevent added stress for executors
- Keep the probate process moving forward
And it does this by:
- Giving you access to up to 50% of the total value of the estate
- Transferring the money within just a week
- Ensuring no personal liability for the loan
- Not charging for early repayment
- Being repaid in full only once the funds have been released from the estate
Plus, you’ll have a compassionate member of our team to guide you through the process from start to finish.
To start your application today, reach out via our form.