For straightforward estates (typically a single property, a clear will, and no inheritance tax), probate can take 12 to 23 weeks. For complex estates (multiple properties, foreign assets, or disputes), it may take up to a year.
Probate is the legal process of administering someone’s estate after they’ve passed away. At what's already a difficult time, it often feels confusing, and one of the hardest parts is not knowing how long it will all take.
To help you through it, this guide breaks down the process step by step. You'll learn how long each stage typically takes, what might cause delays, and how you can help your probate solicitor keep things moving.
How Long Does It Currently Take to Get Probate?
According to HM Courts & Tribunals Service (HMCTS), here are the latest wait times for probate:
Application Type | Average Time | Best-Case Scenario |
---|---|---|
Online | 4 weeks | 1 week |
Paper | 15 weeks | 5 weeks |
Online applications are processed much faster, often saving you up to 11 weeks. This is because they are submitted directly into HMCTS's digital system and are less likely to be delayed by manual errors or postal issues.
The sooner you start the probate process, the better. Doing so will help you avoid delays, especially if the estate includes property that needs to be sold, inheritance tax that must be paid, or overseas assets that take longer to access.
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Probate Timeline
As mentioned, probate usually takes between 12 and 23 weeks for simple estates, and up to a year or more for complex ones.
Here’s how long each stage typically takes:
Post-death Administration: 1-3 Weeks
This initial period usually involves registering the death, arranging the funeral, and beginning to gather details about the deceased’s estate. For most families, this stage is completed within one or two weeks, although it can take slightly longer if there are complications registering the death or delays in organising the funeral.
Valuing the Estate: 2-8 Weeks
Valuing the estate forms the basis for the inheritance tax submission. For simple estates with one UK property and standard assets such as savings and pensions, this can take as little as two weeks.
More complex estates involving multiple properties, overseas assets, or high-value possessions such as antiques or art may take significantly longer.
Delays at this stage are often caused by waiting for valuations, locating documents, or establishing the full list of assets and liabilities.
Receiving the HMRC Reference Code: 1-4 Weeks
The executor needs the original will, death certificate and HMRC IHT letter (with code). HMRC usually issue the reference code within 10 working days, though complex can take as long as a month.
Submitting Probate Application: Same Day
Once all documentation is in place, submitting the probate application is a relatively quick step. Whether completed online or by post, this stage typically takes less than an hour if all information is ready. However, the time spent gathering everything beforehand, including the will, death certificate, and the HMRC code, can vary depending on how organised the paperwork is and whether multiple executors are involved.
Waiting for Approval: 4 Weeks (Online) or 15 Weeks (Paper)
This is often the longest and most uncertain part of the probate process. Current government guidance suggests that online applications are typically processed within 4 weeks, while paper applications take around 15 weeks.
However, these timelines can stretch further if the application contains errors, is missing supporting documents, or if there are staffing or system delays at the probate registry. Choosing the online method and ensuring all documents are correct can significantly reduce wait times.
Distributing the Estate: 1-12 Months
Once probate has been granted, the executor can begin distributing the estate. For simple estates, this can often be completed within a month or two. For more complex cases, particularly those involving the sale of property, multiple beneficiaries, or international assets, the process can take much longer. Delays can also occur if there are outstanding debts or disputes.
How To Speed Up The Probate Process
While some delays are unavoidable, there are a few practical steps that can help keep things moving.
Be Organised
Being organised won’t speed up the court directly, but it can help avoid delays and reduce back-and-forth. Make sure you have:
- The original copy of the will
- A full list of assets (property, savings, investments, valuables)
- A clear record of liabilities (mortgages, loans, credit cards)
Also register the death quickly and begin gathering valuations as soon as possible. The more complete and accurate your paperwork, the fewer delays you’ll face.
Apply Online
Online probate applications are significantly faster. According to HMCTS, online applications are processed up to 11 weeks quicker than paper ones. If possible, always choose the online route.
Use a Probate Solicitor
An experienced solicitor can help you avoid common mistakes that delay applications. They know exactly what HMRC and HMCTS need, can spot potential red flags, and often have experience handling foreign assets or unusual estate structures.
Why Does Probate Take So Long?
Even with the best planning, some factors can still slow down probate. Should they arise, executors should promptly communicate the expected wait time to beneficiaries.
Legal Issues
- Contested will: This can extend the probate process by months, or even years, if legal disputes lead to court proceedings.
- Missing documents: A missing will or codicil, and damaged or altered documents can all slow down the application.
- No named executor: Additional time is needed when an executor must be found through intestacy rules or when the current executor steps down and requires replacement.
Communication Delays
- Trouble locating beneficiaries: Tracing unknown beneficiaries, those living abroad or finding beneficiaries through the rules of intestacy can delay estate administration.
- Third party delays: Typically occur with large, complex estates where multiple parties have misaligned response times.
- Inefficient executor: The role of an executor is often more time-consuming than first expected. Delays in paying inheritance tax or settling debts can delay the process by weeks.
Tax and Asset Complications
- Foreign assets: This can add months to the process, especially if there are assets in multiple jurisdictions each with unique legal processes.
- Paying Inheritance Tax: This must be paid before grant of representation is approved. It must be paid by the end of the sixth month after a person dies.
- HMRC Investigation: If HMRC has questions about any suspected discrepancies with estate valuations then they will investigate. Currently, HMRC believes that £325 million has been underpaid in IHT. This can delay the entire process by up to twelve months.
Where Can I Find a Probate Solicitor?
You can use comparison sites such as Compare My Move. We connect customers with up to 6 verified probate solicitors.
Fill in our form and speak directly to the solicitors, compare quotes and experiences, saving money on your fees.
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