Typical Probate Timelines

For a straightforward estate — a single property, modest savings, no inheritance tax complications, and a clear will — the probate process typically takes between four and eight weeks from the date the application is submitted to the Probate Registry. However, this does not include the time needed to prepare the application, which can itself take several weeks. From the date of death to the grant of probate, a realistic minimum for a simple estate is around three to four months. Complex estates can take considerably longer.

Before the Application Is Submitted

Before the probate application can be submitted, a number of steps must be completed. These include: registering the death; locating the will; valuing all assets and liabilities in the estate; completing the inheritance tax return (IHT400 or IHT205/IHT217 for simpler estates); paying any inheritance tax due; and completing the probate application form. For a complex estate with multiple assets, overseas property, or business interests, this preparatory stage alone can take several months.

Processing Time at the Probate Registry

Once the application is submitted, the Probate Registry processes it and issues the grant. In normal circumstances, this takes between four and eight weeks. However, the Probate Registry has experienced significant backlogs in recent years, and processing times have at times extended to twelve weeks or more. Executors should check current processing times before planning around a specific grant date.

Inheritance Tax Complications

Where inheritance tax is payable, the process is more complex. An IHT400 form must be completed and submitted to HMRC, and at least some of the inheritance tax must be paid before probate will be granted. Inheritance tax on property can be paid in instalments, but the first instalment must be paid before the grant is issued. HMRC typically takes between four and eight weeks to process an IHT400 and issue a receipt — which must then be submitted to the Probate Registry as part of the application. This adds time to the overall process.

Disputed Wills and Contested Estates

Where a will is disputed — for example, because a family member believes the deceased lacked capacity when making the will, or that they were unduly influenced — the probate process can be significantly delayed. A caveat can be entered at the Probate Registry to prevent the grant being issued while the dispute is resolved. Contested probate cases can take months or years to resolve, and can be extremely costly. If there is any suggestion of a dispute, legal advice should be sought immediately.

Missing Documents and Information

Delays often occur because documents or information are missing or difficult to obtain. This can include: the original will (if it cannot be found); title documents for the property; bank statements and financial records; details of outstanding debts and liabilities; and valuations for assets such as jewellery, antiques, or business interests. Gathering this information thoroughly before submitting the application will reduce the risk of delays caused by requests for further information from the Probate Registry or HMRC.

Multiple Executors

Where there are multiple executors, all must sign the probate application. If executors are in different locations, or if one is slow to respond, this can cause delays. It is important to establish early on who will take the lead on the probate application and to ensure all executors are engaged and responsive.

How to Keep the Process Moving

To minimise delays in the probate process:

• Begin gathering documents and information as soon as possible after the death
• Instruct a solicitor early if the estate is complex or if you are unfamiliar with the process
• Complete the inheritance tax return accurately and submit it promptly
• Pay any inheritance tax due as soon as possible to avoid delaying the application
• Respond promptly to any requests for further information from the Probate Registry or HMRC
• Check current Probate Registry processing times before planning around a specific grant date
• Keep all parties — estate agent, solicitor, buyers — informed of progress

Planning the Property Sale Around Probate

Given the uncertainty around probate timelines, it is sensible to begin marketing the property before the grant is received rather than waiting. This way, a buyer can be identified and ready to proceed when probate arrives. The buyer should be informed of the probate status and given a realistic estimate of the expected timeline. If the probate process takes longer than expected, keeping the buyer informed and engaged will reduce the risk of them withdrawing.