How Long Does Probate Take?

Understanding the Probate Timeline

When dealing with the loss of a loved one, understanding how long probate takes is essential for managing expectations during what is a difficult and emotional time. As of 2025, the probate process in the UK typically takes between 6 to 12 months to complete for straightforward estates, though more complex cases can extend to 2 years or more.

At Hibberts Solicitors in Cheshire, we understand that navigating probate during a time of grief can be challenging. This comprehensive guide provides the most up-to-date information on probate timelines, helping you understand what to expect at each stage of the process.

Current Probate Processing Times in 2025

The Probate Registry in the UK has made significant improvements to application processing times since the COVID-related backlogs. As of March 2025:

• Straightforward applications with uncomplicated wills are typically processed in 4-8 weeks
• Intestacy cases (where someone dies without a will) may be processed in a matter of days in straightforward uncomplicated cases that can be submitted online
• Complex cases (particularly those with international elements) still average 16-20 weeks for processing, but can be longer
• The overall average processing time has reduced significantly from 14 weeks in 2023 to around 9 weeks in 2025

Detailed Probate Timeline Breakdown

The entire probate process involves several distinct stages, each with its own timeframe:

1. Pre-Application Stage: 4-8 Weeks

During this initial phase, executors must:

• Locate the original will
• Obtain the death certificate
• Identify and value all assets (property, investments, bank accounts, etc.)
• Identify all debts and liabilities
• Obtain professional valuations for high-value assets

This stage typically takes 4-8 weeks but can take longer for complex estates with numerous or difficult-to-value assets.

2. Inheritance Tax Calculations and Payment: 1-6 Weeks

Before applying for probate, executors must:

• Calculate any inheritance tax liability
• Complete the required inheritance tax forms
• Submit tax forms to HMRC
• Pay any inheritance tax due (or the first instalment)

Inheritance tax must be paid within six months of death to avoid interest charges. HMRC typically takes 4-6 weeks to process tax forms and issue the required clearance code.

3. Probate Application Submission: 1-2 Weeks

Once tax matters are addressed, executors can:

• Complete the probate application forms
• Gather all supporting documentation
• Submit the application to the Probate Registry

This stage typically takes 1-2 weeks to complete properly.

4. Waiting for Grant of Probate: 8-16 Weeks

After submission, the Probate Registry will:

• Review the application and supporting documents
• Process the application
• Issue the Grant of Probate or Letters of Administration

As of 2025, this stage typically takes 8-12 weeks for most applications, though as noted above, straightforward applications may be processed more quickly (4-8 weeks) while complex cases may take 16-20 weeks.

5. Estate Administration: 3-6 Months

Once the Grant of Probate is received, executors must:

• Collect and liquidate assets
• Pay all outstanding debts and liabilities
• Prepare final estate accounts
• Distribute assets to beneficiaries

This stage typically takes 3-6 months but can extend significantly longer if property sales are involved or if the estate is complex.

Factors That Significantly Impact Probate Duration in 2025

Understanding what can extend the probate timeline is crucial for setting realistic expectations. The following factors can significantly increase how long probate takes:

Estate Complexity and Size

• Large estates with diverse assets (properties, investments, businesses, foreign assets) require more time to administer
• Multiple properties can add months to the timeline, especially if they need to be sold
• Business interests require valuation and decisions about continuation or sale
• Foreign assets may require separate probate proceedings in other jurisdictions

Will-Related Complications

• Absence of a will (intestacy) can extend timeframes as legal beneficiaries must be identified
• Contested wills can add months or even years to the process
• Poorly drafted wills may require court interpretation
• Missing original will can cause significant delays

Beneficiary Issues

• Large number of beneficiaries increases administrative complexity
• Difficulty locating beneficiaries can extend timeframes
• Disputes between beneficiaries may halt progress until resolved
• Beneficiaries living abroad can complicate communications and distributions

Administrative and Legal Challenges

• HMRC investigations into estate valuations can add 3-6 months
• Complex tax situations require specialist input and negotiation
• Creditor claims against the estate must be resolved before distribution
• Trust arrangements in the will add complexity and time

Practical Obstacles

• Property market conditions affecting asset sales
• Inefficient executors failing to progress matters promptly
• Death of an executor during the process necessitating replacement
• Recent changes to inheritance tax rules (particularly around pensions in 2025)

Probate Registry Backlogs and Processing Times

The Probate Registry has made significant improvements in processing times since the post-COVID backlog. However, fluctuations still occur based on:

• Seasonal variations in application volumes
• Staffing levels at the Probate Registry
• System upgrades and changes to online application processes
• Complexity of applications being processed

Current guidance from the government states that grants of probate are typically issued within 8 weeks of receiving correct documentation, though this can vary based on the factors mentioned above.

How to Speed Up the Probate Process

While some delays are unavoidable, there are effective strategies to minimise unnecessary waiting:

Preparation and Organisation

• Gather documentation promptly after death (will, death certificate, asset information)
• Create an inventory of all assets and liabilities as early as possible
• Obtain professional valuations for significant assets without delay
• Prepare inheritance tax forms accurately the first time

Professional Assistance

• Instruct experienced probate solicitors who understand the current processes
• Use specialists for complex tax matters or business valuations
• Consider a full estate administration service for complex estates

Effective Communication

• Respond promptly to queries from the Probate Registry, HMRC, and financial institutions
• Keep beneficiaries informed to reduce the likelihood of disputes
• Address potential conflicts early through mediation or family discussions

Online Applications

• Use the online probate service where appropriate, which can be faster for straightforward estates
• Ensure all supporting documentation is correct and complete before submission

Common Causes of Probate Delays in 2025

Several specific issues frequently cause significant delays in the probate process:

1. Inheritance Tax Investigations

If HMRC decides to investigate the estate for inheritance tax purposes, this can add several months to the process. The 2025 changes to inheritance tax rules, particularly around pension assets, have increased scrutiny in this area.

2. Property Sales

If the estate includes property that needs to be sold, market conditions can significantly impact timelines. As of 2025, the average UK property sale takes 4-6 months from listing to completion.

3. Contentious Probate

Probate Disputes between beneficiaries, challenges to the will’s validity, or claims against the estate under the Inheritance (Provision for Family and Dependants) Act 1975 can extend the timeline by years if court proceedings become necessary.

4. Missing Beneficiaries

If beneficiaries cannot be easily located, additional time and resources may be required for appropriate searches, potentially adding months to the process.

5. Complex Assets

Business interests, digital assets, and intellectual property can be particularly time-consuming to value and distribute properly.

Legal Requirements and Deadlines

While the probate process itself has no strict legal deadline, several important time limits affect estate administration:

• Inheritance Tax payment: Due within six months of death to avoid interest charges
• Income Tax return: Must be filed by 31 January following the tax year of death
• Inheritance Act claims: Can be brought up to six months after probate is granted
• Creditor claims: Executors should allow at least two months for claims to be made

The Role of Professional Probate Solicitors

Using professional probate dispute solicitors can often streamline the process, despite the common misconception that it might add time or expense:

• Expert navigation of complex legal and tax requirements
• Established relationships with the Probate Registry and HMRC
• Experience in anticipating and avoiding common pitfalls
• Efficient handling of documentation and applications

At Hibberts Solicitors, our experienced probate team can guide you through each stage of the probate process, helping to anticipate and address potential delays before they arise.

Conclusion: Managing Expectations

The probate process rarely proceeds exactly as anticipated, and flexibility is key to managing the experience effectively. While average timeframes provide a useful guide, it’s prudent to prepare for the possibility of delays, particularly for complex estates.

Understanding that probate typically takes 6-12 months for straightforward estates, and potentially longer for complex cases, can help set realistic expectations during a challenging time.

Further reading is available with our guide titled What Is Probate?

Timelines may vary, the above should only be used as a guide.

Frequently Asked Questions About Probate Timelines

How long does probate take if there is no will? When someone dies without a will (intestacy), the process can take longer as the legal beneficiaries must be identified according to intestacy rules. This typically adds 1-3 months to the timeline.

Is there a legal deadline for completing probate? No, there is no specific legal deadline for completing probate. However, executors have a duty to progress the administration within a reasonable timeframe and could face legal action from beneficiaries if there are undue delays.

Can probate take less than 6 months? Yes, very simple estates with minimal assets, no property, and no inheritance tax to pay might be administered in 3-4 months, though this is relatively uncommon.

How long does probate take if there’s a property to sell? When property sales are involved, probate typically takes 9-18 months, as selling property adds complexity and time to the process, particularly in challenging market conditions.

Does applying for probate online make it faster? Online applications can be processed more quickly in straightforward cases, potentially reducing the waiting time by 1-2 weeks. However, complex cases still require thorough review regardless of the application method.

How quickly can I access inheritance money after someone dies? This varies significantly depending on the estate’s complexity. Some simple estates might allow distributions within 6 months, while complex estates might require beneficiaries to wait 1-2 years or longer.

Can I get an update on how long my probate application will take? Yes, you can track your application through the online system provided by the Probate Registry or by contacting them directly with your application reference number.

Does instructing a solicitor make probate take longer? While there is a common misconception that involving solicitors extends probate, professional assistance often expedites the process through expertise, established relationships with relevant authorities, and dedicated resources.