How long does probate take?

Probate is the legal and financial process through which a deceased person’s Will is validated, their estate is administered, and their assets are distributed to heirs or beneficiaries. While this process is essential for ensuring that everything is handled according to the deceased person’s wishes, one common question we’re asked time and time again is: How long does probate take? Unfortunately, there is no simple answer to this question. This is due to the many and complex factors that can affect how long the probate process takes from start to finish. It’s important to remember that every case is different, resulting in changing timelines and distinct hurdles along the way. In this article, we’ll explore how long probate takes to complete, the current probate waiting times, the causes behind probate delays, and what you can do to help speed the process up. 

How long does probate take on average?

You can typically expect the process of obtaining a Grant of Probate and administering an estate in full to take anywhere from nine to 12 months. While straightforward cases may be completed in as little as six months, more complex cases and cases involving disputes can sometimes take years to reach completion. Generally, an Executor or Administrator should try to complete the administration of an estate within a year of the date of death. This is sometimes referred to as the ‘Executor’s year’.  

According to the GOV.UK website, as of March 2025, it currently takes up to 12 weeks from the date of application to receive a Grant of Probate. The Probate Registry continues to process applications at a slower rate than it did during pre-COVID times.  

The probate timeline

 Below, you can find a rough breakdown of the probate process and its time frames: 

Step one – Identifying the deceased’s assets and liabilities (four - eight weeks) 

The first step is identifying the deceased's assets, such as property, possessions, and investments, as well as their liabilities, including debts like utility bills and loans. To do this, you will need to gather all necessary documents to help determine the estate's value.

Step two – Submitting tax forms to HM Revenue and Customs (HMRC) (one - two weeks) 

After determining the estate's value and verifying beneficiaries, you must pay any Inheritance Tax (if applicable) to HMRC and submit the return. 

Step three – Wait for a response and code from HMRC (four - six weeks) 

You must wait for HMRC to send you a letter containing a code before you can apply for a Grant of Probate. This can take between four to six weeks to receive.

Step four – Applying for a Grant of Probate (one - two weeks)   

Completing the probate application form and gathering all the necessary documents needed. These may include the official death certificate, the last original Will, and any Codicils (if they exist).

Step five – Receiving the Grant of Probate or Letters of Administration (up to 12 weeks) 

According to the GOV.UK website, as of March 2025, it currently takes up to 12 weeks from the date of application to receive a Grant of Probate. However, it could take longer if there are issues with the application, such as if it is stopped or more information needs to be submitted.

Step six – Administering the estate (nine to 12 months) 

The final step of the probate timeline involves collecting assets, paying debts, and distributing the estate to beneficiaries. Depending on the complexity of the estate, this can take anywhere between a couple of months to multiple years. 

Probate delays: The common causes 

There are several factors that can delay the probate process. Delays can also occur at any point throughout the probate timeline. Not only can these reasons increase the time it takes to complete probate, but they can also increase the cost of probate. Below, you can find a list of ten common issues that can cause probate delays: 

The absence of a Will 

If there is no Will, probate may be delayed as the estate must then be distributed under intestacy laws, requiring a Grant of Letters of Administration. This process can be further complicated by elaborate family tree structures, relatives who are hard to locate or are missing, or if it is unclear who exactly is set to inherit from the estate. Additionally, the absence of a Will can cause complications when trying to locate assets, as it may be possible to miss assets that other family members were not aware of.  

Disputes over the Will 

Challenges to a Will’s validity, such as accusations of undue influence or incorrect execution, can pause the probate process until they’re settled. These legal disputes can drag on for months or even years, delaying asset distribution and driving up costs. 

Missing beneficiaries 

A missing beneficiary refers to a person named in a Will who cannot be found after a deceased person’s passing. Beneficiaries can be deemed as missing for many reasons. These may include family estrangement, an invalid or unclear Will, or intestacy. If beneficiaries are missing, challenging to contact, or living abroad, it can slow down the estate administration process. In intestacy cases, professionals may need to be hired to trace beneficiaries, especially in complicated family situations or when beneficiaries are in foreign jurisdictions. 

Challenges in finding assets 

Locating all the assets belonging to a deceased person can be a time-consuming and laborious process, especially if records are incomplete or disorganised. This can also be further complicated when properties are located overseas, or the deceased owned foreign shareholdings. These issues are becoming more and more prevalent in today’s modern world, as international ownership becomes more common. Because of this, it may be unclear as to whether certain assets did belong to the deceased, or family members may be aware of such assets existing but might lack the supporting documentation to prove this.  

Challenges in valuing assets and HMRC investigations 

The term ‘assets’ can refer to a wide variety of things, due to the simple fact that people own a whole range of weird and wacky objects. At Kings Court Trust, we’ve administered estates containing collections of antique toy cars, to camels. Therefore, we understand that assets can be pretty eccentric and unique in nature. Items such as unusual properties and niche antiques can be time-consuming and complicated to accurately value. In some cases, expert opinions may need to be sought to precisely pinpoint how much a particular asset is worth. Disagreements over the value of an asset may also occur, especially if beneficiaries or HMRC dispute the valuations. If HMRC does decide there’s a need to investigate whether assets have been undervalued in an attempt to lessen the amount of Inheritance Tax due, it can take months or even years to resolve this.

Delays in selling property   

Selling property during the probate process can be unpredictable and often cause delays. It can be one of the most unreliable parts of the whole process. This is due to factors such as unfavorable market conditions, ownership disputes, or issues with the finances of potential buyers. These factors can cause delays in completing probate, especially if the estate being administered contains multiple properties or if property makes up a large portion of the total estate, as selling them may be crucial for settling debts and distributing assets. Therefore, if the sale of property is taking a while to complete, it can hold up the entire estate administration process. 

Complex tax or Trust matters 

Estates that are deemed as more complicated and therefore take more time to settle may contain complex tax structures or Trusts. Expert guidance from probate specialists may need to be sought to ensure that the deceased’s wishes are carried out exactly as they were intended. Matters such as tax assessments, tax reliefs, or managing Trust responsibilities may result in delays, especially if they involve negotiating with HMRC. 

Inefficient or incapable Executors 

Being named as an Executor of a Will is a responsibility that shouldn’t be taken lightly, as it involves completing many complicated tasks. Therefore, if an Executor finds themselves incapable of completing the tasks associated with the role, or they lack the necessary skills and spare time to manage the estate effectively, they may need to be replaced by someone who can.  

Death of an Executor 

A chain of representation is the legal structure that ensures the ongoing management of an estate following an individual's death. It applies when a person who has been named as an Executor in the Will of another also dies. The death of an Executor, whether before or during probate, can cause significant delays to the whole process. A new Executor must be appointed, which may involve finding a suitable replacement who was also named in the Will, or seeking a new Grant of Probate from the court. If an Executor dies after the process of administering the estate has already been started, further complications can arise, such as transferring records to the Executor of their estate or reapplying for probate under a different name. 

Recent changes in Inheritance Tax regulations 

Recent changes to Inheritance Tax rules, especially those regarding pensions, can delay the probate process. They often require additional time to firstly understand, and then apply accurately, especially if the estate is on the larger side.   

What can you do to speed the process up?

While the probate system faces its challenges, there are steps you can take to minimise delays and ease the process: 

• Seek Professional help: At Kings Court Trust, we specialise in probate and estate administration, so we can help ensure that all documents are correctly submitted and can provide guidance on how to expedite the process.
• Prepare early: Gather all necessary documents as early as possible, including the Will, death certificate, and details of the estate’s assets.
• Communicate with beneficiaries: Make sure all beneficiaries are aware of the potential delays and complexities involved, so there are no unrealistic expectations
• Track documents: If you choose to deal with estate administration yourself, when sending any paperwork to the Probate Registry, ensure you use a tracked or signed-for delivery method to avoid any issues with lost documents.