Dealing with the loss of a loved one is never easy – and if you’ve been named as an executor or are responsible for sorting out someone’s estate, the process of probate can feel overwhelming. One of the most common questions we hear is: how long does probate really take?
The answer depends on a few factors, but with the right support and a clear plan, it doesn’t have to be daunting. Here’s what to expect and how you can prepare.
What is probate?
Before we look at the timeline, let’s quickly explain what probate actually means.
Probate is the legal process of dealing with someone’s estate after they’ve passed away – which includes gathering their assets, paying off any debts and distributing what’s left to the people entitled to inherit it.
If there’s a will, probate usually involves applying for a Grant of Probate. If there isn’t a will, a slightly different process applies (called Letters of Administration), but the overall steps are very similar.
How long does probate take in the UK?
On average, probate takes between 9 and 18 months from start to finish but this can vary, especially for estates liable to inheritance tax.
Here’s a general breakdown:
1. Finding the will and gathering information (4-12 weeks)
The first step is locating the will (if there is one) and collecting details about the person’s finances. This includes bank accounts, property, pensions, debts and any gifts they may have given in the last seven years. Once everything is gathered, the next step is to write to all the financial organisations to request the probate values of the assets. If the estate is liable to inheritance tax (IHT), a formal valuation of property and its contents from a valuer will be required.
2. Applying for the grant of probate (6–18 weeks)
Then the executors can apply to the Probate Registry for the official Grant of Probate.
Probate applications in England and Wales are typically handled through HM Courts & Tribunals Service (HMCTS). The process is mostly online now, though in some cases paper applications may still be required. The official timescale is 12 weeks for the Court to issue the Grant although it may be issued quicker than that.
If inheritance tax is due, this has to be dealt with first. HM Revenue and Customs must receive initial payment of the tax before the probate application can be submitted. A detailed IHT account will need to be prepared and sent to HMRC who will then send a Code within 4 to 7 weeks.
3. Administering the estate (6–9 months)
Once the Grant is issued, the executor can:
- Close accounts
- Sell property if needed
- Pay off debts
- Distribute inheritance
This part often takes the longest, especially if there’s property that needs to be sold or if any disputes arise. If the estate was liable to IHT, then reporting amendments to HMRC and obtaining clearance can take many months.
What can delay probate?
Some estates are straightforward. Others can take longer due to issues like:
- Missing or complex financial information
- Disputes between beneficiaries
- Inheritance tax issues
- Foreign assets
- Problems with the will (e.g. it’s been contested or is unclear)
A proactive approach, and experienced legal guidance, can help keep things moving smoothly.
What can you do to help speed things up?
While some delays are out of your control, there are ways to help the process go more smoothly:
Get the paperwork in order
The more complete and accurate the information, the faster things progress. Keep copies of bank statements, property documents and debts handy.
Speak to a solicitor early
Even if you’re not sure you need legal help, speaking to a solicitor can clarify your role and responsibilities – and help avoid mistakes that could cause costly delays.
Respond quickly
During probate, you may need to sign forms or provide extra information. The quicker this is done, the sooner things can move forward.
Do you always need probate?
Not every estate needs probate. It depends on what the person owned and how it was owned. Probate may not be necessary if:
- All assets were jointly owned (as they pass automatically to the surviving co-owner)
- The estate is small (some banks may release funds without probate if the total is under a certain threshold)
However it’s always worth checking – banks and institutions have different rules, and it’s better to be certain.
Need advice about probate?
Probate doesn’t need to be stressful, but it does require time, patience and care. At Belcher Addison, we’re here to guide you every step of the way – with clear, practical advice tailored to your situation.
Whether you want full support or just need help with certain steps, we’ll make sure everything is handled properly and sensitively so you can focus on what really matters.
Get in touch for a friendly, no-obligation chat with one of our solicitors.