How long does probate take and what causes delays?

When someone dies, one of the most common questions their family, close friends or loved ones ask is: how long does probate take? Unfortunately, there is no one-size-fits-all answer. Probate timescales in England and Wales can vary significantly depending on the complexity of the estate, the availability of key documents, and whether any issues arise during the process.

How long does probate take after death? 

One of the most frequently asked questions is how long does probate take after death. Before an application can even be submitted, the personal representative must gather information about the deceased's assets, liabilities and financial affairs. If inheritance tax is payable, some or all of the tax may need to be paid before probate can be granted. It also helps to be clear on the stages involved: how does the probate process work?

Once the application is ready, the probate application processing time will depend on how quickly HM Courts and Tribunals Service (HMCTS) can process it. Many applications are dealt with within weeks, but grant of representation waiting times can fluctuate depending on demand and any administrative backlogs. 

How long does probate take once submitted? 

Another common question is how long does probate take once submitted. In a straightforward case with no complications, a grant of probate may be issued within several weeks. However, HMCTS probate delays can occur during periods of high demand or where additional information is required. Most commonly, delays can occur in applications without a Will, involving foreign jurisdictions or minor interests. 

Receiving the grant is only one stage of the process. The executor must still collect the deceased's assets, settle debts and taxes, and ultimately distribute the estate. This means the overall probate process continues well beyond the issue of the grant itself. 

What causes probate to be delayed? 

Many people ask, why is probate taking so long? There are several common reasons. 

One of the biggest causes of delay is obtaining accurate valuations of assets, particularly where property or business interests are involved. Inheritance tax clearance can also add time, especially if HMRC raises queries about the values provided. 

Disputes between beneficiaries, missing paperwork or difficulties tracing assets can all extend the process. In some cases, executor delays occur because the executor is dealing with a particularly complex estate or struggling to obtain the necessary information from financial institutions. 

Where family members challenge the validity of a Will or enter a caveat, probate can be delayed for many months while the dispute is resolved.

Property and probate 

Property often adds complexity to the process. Many executors ask, how long does it take to sell a house in probate? The answer will depend on the state of the property market, the condition of the property and whether a buyer can be found quickly. 

Selling a house during probate is possible in many circumstances, but completion of the sale will usually need to wait until the grant has been issued. 

Distributing the estate 

Beneficiaries frequently ask how long after probate is granted can an estate be distributed. While some funds may be distributed relatively quickly, executors must ensure all debts, liabilities and tax matters have been dealt with first. 

This links to the concept of what is the executor's year. Traditionally, executors are allowed up to 12 months from the date of death to complete the administration of the estate before beneficiaries can reasonably expect their inheritance. 

Whether you are administering an estate with a Will or without one, waiting to distribute the estate, or trying to understand what is causing a delay, obtaining professional advice can help ensure the estate is administered as efficiently as possible. 

Next reads  

• What happens if somebody passes away with no Will?

• Common myths about Inheritance Tax planning

Probate timescales: frequently asked questions 

How long does it take to get a grant of probate once the application is submitted? 

Once a probate application has been submitted, a grant of probate is often issued within a few weeks in straightforward cases. However, processing times vary depending on HMCTS workloads and whether additional information is required. Errors in the application, missing documents or inheritance tax issues can all lead to delays. Obtaining professional advice can help ensure the application is prepared accurately and submitted without unnecessary complications. 

What causes delays in probate? 

Probate delays are commonly caused by difficulties valuing assets, gathering financial information, selling property, paying inheritance tax or locating beneficiaries. Disputes between family members, challenges to the validity of a Will and missing documentation can also slow the process considerably. In some cases, delays occur because executors are dealing with complex estates or struggling to obtain information from banks, investment providers and other institutions. 

Does inheritance tax slow down probate? 

Yes, inheritance tax can sometimes delay probate. Executors must calculate the value of the estate and provide the necessary tax information before a grant can be issued. Where inheritance tax is payable, some of it usually needs to be paid before probate is granted. If HMRC raises queries about valuations or requests further information, obtaining inheritance tax clearance can add additional time to the process. 

How long after probate is granted can money be paid out to beneficiaries? 

Receiving the grant of probate does not automatically mean beneficiaries will receive their inheritance immediately. Executors must first collect assets, settle debts and ensure all taxes have been paid. In some cases, interim payments can be made shortly after probate is granted. However, final distributions often take several months, depending on the complexity of the estate and whether any issues remain outstanding. 

Does probate take longer if there is no Will? 

Probate can take longer where there is no valid Will. The estate must be administered under the intestacy rules and additional steps may be required to identify who is entitled to apply for a grant and inherit the estate. If family relationships are complex or relatives need to be traced, this can increase delays. However, straightforward estates without a Will may still be administered relatively efficiently. 

Can you speed up the probate process? 

While there is no guaranteed way to speed up probate, early preparation can help. Executors should gather information about assets and liabilities as soon as possible, obtain valuations promptly and ensure all forms are completed accurately. Seeking legal advice can reduce the risk of errors and help address potential problems before they cause delays. A proactive approach often results in a smoother and more efficient administration process. 

What can beneficiaries do if the executor is taking too long? 

Beneficiaries should first ask the executor for an update on the progress of the estate administration. Executors have a duty to keep beneficiaries reasonably informed and act within a reasonable timeframe. If there are significant and unexplained delays, beneficiaries may wish to seek legal advice. In serious cases, the court has powers to intervene or, where appropriate, remove and replace an executor who is failing to fulfil their duties.

Probate and estate planning advice 

Grant Saw's Private Client team advises individuals, families and business owners across Greenwich and South East London on probate, estate administration and succession planning. Call 020 8305 4239 or email tatiana.zenina@grantsaw.co.uk to discuss your circumstances. 

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Disclaimer 

This article is for general information only and is not legal advice. Laws and guidance change and outcomes depend on facts. If you need advice on your situation, please contact us. Grant Saw Solicitors LLP is authorised and regulated by the Solicitors Regulation Authority. 

Last updated: 3 August 2026