How Long Does Probate Take?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

A Clear Timeline and What Can Delay the Process

When someone dies in England or Wales, how long does probate take is a common question. Probate is the legal process that gives the executors authority to deal with the estate. Families often want to know how long probate takes, especially when they are trying to plan ahead or manage financial responsibilities. While every estate is different, there is a typical timeline you can expect, unless a contentious probate claim arises.

Unfortunately, these claims can significantly delay matters. Having a clear understanding of potential risks early can help you avoid unnecessary setbacks and resolve disputes more efficiently.

Here is a clear, practical guide to the probate timeline, followed by the key factors that can delay the process and why mediation is often the most effective way to keep things moving.

Typical Probate Timeline in England and Wales

Although no two estates are identical, most follow a similar structure. Here is a general timeline that reflects the stages involved:

1. Registering the Death (1–2 weeks)

The process begins with registering the death and obtaining the death certificate. This step is usually straightforward, but delays can occur if a coroner becomes involved.

2. Gathering Information About the Estate (4–8 weeks)

Executors must identify all assets, liabilities, and financial institutions connected to the deceased. This includes:

• Property valuations
• Bank and investment statements
• Pension information
• Details of debts and liabilities

The more complex the estate, the longer this stage takes. Missing paperwork or unresponsive institutions can also slow things down.

3. Completing the Inheritance Tax Forms (2–6 weeks)

Even if no inheritance tax (IHT) is due, HMRC requires detailed forms. For taxable estates, the process is more involved. Executors must calculate the estate’s value accurately and submit the relevant IHT forms before applying for probate.

4. Paying Inheritance Tax (if applicable) (1–4 weeks)

HMRC must receive the first instalment of any IHT due before the Probate Registry will issue a grant. Payment delays which may often be caused by liquidity issues can stall the application.

5. Submitting the Probate Application (4–16 weeks)

Once HMRC has processed the IHT forms, the executors can apply for the Grant of Probate (or Letters of Administration if there is no will). The Probate Registry’s processing times vary, but most applications take between 8 and 16 weeks. High demand, errors in the application, or missing documents may extend this stage.

6. Administering the Estate (3–12 months)

After the grant is issued, executors can:

• Sell property
• Close accounts
• Collect assets
• Pay debts
• Distribute the estate

Property sales often cause the longest delays. If the estate includes multiple properties, overseas assets, or business interests, administration may take considerably longer.

7. Overall Probate Duration: 9–18 Months on Average

For a straightforward estate, probate typically takes around 9–12 months from start to finish. More complex estates, or those involving disputes may take up to 18 months or longer.

What Can Delay Probate?

Even the most organised executors can face delays. Some are administrative, while others arise from disagreements between beneficiaries. Below are the most common causes.

1. Missing or Incomplete Information

Probate relies on accurate estate valuations. If executors cannot locate key documents or if financial institutions take time to respond, the application stalls. This is especially common when:

• The deceased held investments with multiple providers
• There are foreign assets
• Property valuations are disputed

2. HMRC Enquiries

If HMRC believes the estate has been undervalued or that assets have been omitted, it may open an enquiry. These investigations can add months to the process, especially if  property valuations are involved.

3. Delays at the Probate Registry

The Probate Registry has experienced fluctuating processing times in recent years. Errors in the application can lead to rejections and further delays. This may include incorrect figures, missing signatures, or inconsistencies

4. Property Sales

Property is often the single biggest cause of delay during estate administration. Issues may include:

• Slow market conditions
• Legal complications with title deeds
• Structural or survey problems
• Disagreements between beneficiaries about sale price

 How Contentious Probate Claims Delay the Process

Contentious probate refers to disputes about the validity of a will, the interpretation of its terms, or the way the estate is being administered. These disputes can significantly extend the probate timeline.

Here are the main ways contentious probate affects timing.

1. Caveats Prevent the Grant of Probate

A beneficiary or interested party can enter a caveat to stop the Probate Registry from issuing a grant. This is often used when someone intends to challenge the will and stop probate before it is granted. A caveat lasts for six months and can be renewed. If the parties do not resolve the dispute, probate cannot progress.

2. Will Validity Challenges

Claims involving whether is valid or not may include:

• Undue influence
• Lack of capacity
• Fraud or forgery
• Improper execution

These require detailed evidence and expert reports. These cases can take many months to resolve.

3. Claims Under the Inheritance (Provision for Family and Dependants) Act 1975

Claims under the Inheritance Act 1975 argue that the will (or intestacy rules) fails to provide reasonable financial provision. While the claim is ongoing, executors often cannot distribute the estate. Courts typically expect executors to wait until the dispute is resolved to avoid personal liability.

4. Disputes Between Executors or Beneficiaries

Arguments about how the estate should be managed, whether assets should be sold, or how valuations should be handled can halt progress. Executors may need to seek directions from the court, which adds further delay.

Why Mediation Helps Keep Probate Moving

When a contentious probate issue arises, mediation is often the most effective way to prevent long, expensive delays. Mediation offers a structured, confidential environment for resolving disputes quickly.

Here’s why mediation is so valuable in the context of probate timelines.

Mediation Is Faster Than Going to Court

Court timetables are slow and unpredictable. Mediation can take place within weeks. A single day of mediation can resolve issues that might otherwise take years to litigate.

It Reduces Costs

Mediation allows parties to reach a compromise without the financial burden of prolonged court involvement. Lower costs mean fewer arguments about legal fees draining the estate.

It Protects Family Relationships

Probate disputes often involve close family members. Mediation encourages constructive dialogue and helps preserve relationships that litigation may permanently damage.

It Gives Parties Control

In mediation, the parties shape the outcome, while in court a judge makes the decisions. This flexibility for involved parties in mediation allows for creative solutions that courts cannot offer, such as:

• Adjusting distribution timings
• Agreeing on property buyouts
• Structuring payments to meet individual needs

It Allows Probate to Progress

Once parties reach an agreement, caveats can be removed, claims withdrawn, and executors can continue administering the estate. Mediation is often the quickest route to unlocking a stalled probate process.

Need Help Today?

Probate in England and Wales may typically take between 9 and 18 months, but delays are common – particularly when disputes arise. So, if you find yourself in this situation, our team can help guide you through the process – we are just a phone call away.

📞 Call us now on 0333 358 2345
📧 Or contact us online and we’ll call you back at a time that suits you for a free, no-obligation consultation.