How Long Does Probate Take?
Following the death of a loved one, families are often faced with the responsibility of administering the estate. Naturally, one of the most frequently asked questions is: how long does probate take?
While it would be helpful to provide a fixed timeframe, the reality is that probate can vary significantly depending on the specific circumstances of the estate. Factors such as the presence of a valid will, the size and complexity of the estate, and whether any disputes arise all influence the duration of the process. That said, there are general timelines and common causes of delay that can help you better understand what to expect.
What is Probate?
Probate refers to the legal process of dealing with someone’s estate after they pass away. If there is a valid will, the named executor applies for a grant of probate, which gives them legal authority to manage the deceased’s affairs. Where no will exists, a family member or other appropriate person can apply for letters of administration instead. Though the terminology differs, the role is largely the same: ensuring debts are settled and the estate is distributed to the correct beneficiaries.
The process involves identifying all assets, settling any outstanding debts or tax liabilities, and distributing what remains according to the will or, in cases of intestacy, the rules set out in law. It is a task that must be carried out with care, and often with professional guidance, to ensure compliance with legal obligations and timelines.
Average Timeline of Probate
In most cases, the probate process in England and Wales takes between nine and twelve months from the date of death to the final distribution of assets. The initial stages involve registering the death, locating the will, and valuing the estate. Once that groundwork is complete, the executor or administrator can submit the probate application.
At present, it typically takes between eight and sixteen weeks to receive the grant from the Probate Registry, although this can vary depending on demand and the completeness of the application. Once the grant has been issued, the process of collecting in assets, settling debts, and distributing the estate can begin. This stage can also take several months depending on how many organisations are involved, the responsiveness of banks and financial institutions, and whether property is being sold.
It’s important to note that delays are not uncommon. Backlogs at the Probate Registry, incomplete information, inheritance tax complications, or disputes among beneficiaries can all slow things down significantly.
Factors That Affect the Duration of Probate
Several variables influence how long probate will take in a given case.
For example, estates that involve property abroad, family-owned businesses, or complex financial arrangements typically require more time due to the need for specialist advice, multiple valuations, or international coordination. If there is no will, the process is generally slower due to the need to determine who is legally entitled to act and inherit.
Inheritance Tax (IHT) can also add significant time, particularly if the estate is near or above the threshold. Even where no tax is due, HMRC must still confirm this before the estate can be fully distributed, and in some cases, obtaining tax clearance can take many months.
Disagreements among family members or beneficiaries are another common cause of delay. Contested wills or disputes about entitlements may lead to litigation or mediation, both of which can prolong the probate process substantially.
How to Speed Up the Probate Process
While some delays are outside of your control, there are steps that can help ensure the process runs as smoothly as possible.
Providing accurate and complete information when applying for probate is essential. Instructing a solicitor experienced in probate matters can also be invaluable—they will be familiar with the procedural requirements, know how to avoid common mistakes, and often be able to pre-empt issues before they arise.
It’s also worth making use of professionals who can liaise directly with banks, pension providers, estate agents, and HMRC. This can save time and ensure that all required documentation is provided promptly. For a deeper understanding of the most common hold-ups and how to address them, you can read our guide on how to avoid delays in obtaining grant of probate.
Can Probate Be Avoided to Save Time?
In some cases, probate may not be necessary at all. This usually applies when the deceased held only jointly owned property (which passes automatically to the surviving joint owner) or had very few assets. However, most estates of any significant value will require some form of grant before banks or other institutions will release funds.
There are also ways to structure your estate during your lifetime that may reduce the need for probate later—such as using trusts or joint ownership arrangements. It is advisable to speak with a solicitor or estate planner to explore these options.
Final Thoughts
While probate can be a time-consuming and often emotionally difficult process, understanding the steps involved and the common causes of delay can help you navigate it with more confidence. Acting early, staying organised, and seeking legal advice where needed can make a meaningful difference in how smoothly things progress.
If you need
expert legal assistance for probate concerns, we are here to help. At Ash Hill Solicitors in Harrow, our experienced probate team offers clear, compassionate, and efficient support throughout every stage of the process. Contact us today to arrange a no-obligation consultation and find out how we can support you.
