When acting as a loved one's executor, there are a number of important responsibilities that you must fulfil, and you may wonder whether there is a time limit within which you must administer the estate. Similarly, beneficiaries expecting gifts may have questions about how long the process will take and when they should expect to receive their inheritance. If an executor is uncommunicative and does not provide regular updates, it can feel like the estate administration is dragging on, and can prolong the deceased’s loved ones’ grief.

In the UK, there is no legal time limit within which an executor must distribute a deceased person's estate. However, there are guidelines to follow that can make the process easier for beneficiaries, and help the executor feel like they are making progress with the estate’s administration, even when unavoidable delays arise. Here, the expert wills and probate solicitors at JMW explain the "executor's year", the ideal timeline for managing and distributing an estate, and what beneficiaries can do if they are concerned about an executor's progress.

What is the guideline for an executor to finish the estate administration process?

While there are no set deadlines or time limits, executors are generally expected to complete estate administration within 12 months from the date of death. This is often referred to as the “executor’s year” and it usually allows all the time the executor will need to carry out their duties properly. While every estate is different, and some will be subject to delays (especially if they are large, complex estates or involve international assets), the executor's year is a reasonable guideline.

With this in mind, beneficiaries may become concerned if distribution takes longer. As such, if you are the executor of an estate that is facing delays for reasons outside of your control, it is important to communicate with beneficiaries and offer them regular updates. There can be legal consequences for executors who make mistakes, particularly when it comes to calculating taxes owed or managing all the assets of an estate according to the instructions in the Will. Therefore, if delays arise, it is safest to take the extra time you need to carry out your duties correctly and avoid any personal liability for mistakes, and to communicate this requirement to beneficiaries so as to reassure them that the process is moving forward.

While the executor's year offers a general guideline, it can help to understand what the estate administration process involves and how long each step should take. This can help both beneficiaries and executors to monitor the progress being made and keep things on track. Finishing the process as quickly as possible can deliver closure for loved ones of the deceased, and trying to keep to a timeline can make this easier for all parties involved.

What is a realistic timeline for the estate administration process?

There are several key responsibilities that an executor must carry out, from the point at which someone dies to the end of the administration process, once the deceased's assets have been distributed to their intended recipients. The timeline depends on many different factors, so it is not possible to provide a definitive guideline for how long things should take. As we have noted, if delays arise outside the executor's control, they should work to resolve them and maintain open lines of communication with all interested parties. Recently, delays with both HMRC and the Probate Registry have made it much more likely that an estate administration will exceed one year in duration. 

Stage one: Report the death (up to five days)

The first step is to register the death, obtain copies of the death certificate, and locate the person's Will. Registering the death must generally be done within five days of the person dying.

The Will should name at least one executor who will be bound to take over the process at this stage, unless they make a court application to be removed from the role.

Stage two: Calculate the estate value (up to three months)

Once the death certificate has been obtained, you can notify banks, utility providers, HMRC, pension providers and creditors of the person's death. While you will not be able to start managing assets, you can find out details of any bank accounts, pensions and outstanding debts. You will need these to estimate the overall value of the estate, which will affect Inheritance Tax liability and need to be reported when you apply for probate.

Stage three: Applying for probate (up to four months)

A Grant of Probate is a legal document that confirms the executor's authority to act on behalf of the estate. This step involves preparing and submitting a probate application to the Probate Registry, and waiting for the Grant of Probate to arrive. Depending on delays, it can take up to 16 weeks or even more for the Grant to arrive, although it is usual for probate to be granted within eight weeks. If there is no Will, you will need to apply for a Grant of Letters of Administration, but the process is essentially the same.

Stage four: Paying Inheritance Tax (up to six months after the person died)

If Inheritance Tax is payable, the executor must fill in the relevant tax forms and make the first payment before the end of the sixth month after the person died.

Stage five: Administering the estate (six months or more)

The executor will need to collect assets from banks, investments and other sources, and pay off outstanding debts and liabilities. This may involve selling property, which can slow down the process, and finalising tax affairs, which can be complicated. It is also advisable to wait six months after the grant of probate is issued to allow time for any potential claims from the estate. Certain parties may be entitled to claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Stage six: Distributing the estate (up to 12 months)

At this stage, the executor can begin to distribute estate assets to beneficiaries. During this process, the executor must keep accurate records and accounts detailing all income, expenses and distributions related to estate management.

Can you have an executor removed for acting slowly?

You cannot apply to have an executor removed just because they are slow to deal with the estate, even if the process extends beyond the executor's year. If you have concerns, it is often best to speak to the executor informally and try to resolve challenges. Alternatively, if you have serious concerns that an executor is neglecting the tasks involved or engaged in misconduct, you may have legal options to have them removed.