How Long Probate Takes

Probate is the legal process of dealing with someone's estate after they have died, and it is not always needed. Where it is needed, the honest answer to how long it takes is that the grant itself is rarely the slow part: valuing the estate can take several months, and it takes longer if the estate is big or complicated, for example where trusts are involved or there is tax to pay¹. One bereavement charity puts the outer edge plainly: probate can take up to a year².

Two things drive the timescale more than anything else. The estate must be valued before you apply for probate, and Inheritance Tax normally has to be paid before the grant is issued¹. So the tax and valuation work sits in front of the application, not behind it. Where a partner died without making a will, you will need to go through probate to resolve the estate, which can take quite a few months⁴.

What follows sets out when probate is needed at all, how the stages run, what holds an application up, and how long executors then wait before distributing what is left.

What probate is and when you need it

Probate is the legal process of dealing with someone's estate after they have died, and it is not always needed⁸. Each financial organisation has its own rules and policies on whether it is required, so the practical test is not one threshold but several⁸. Applying for probate may not be necessary where there are no assets, where the estate is small (usually less than £5,000), or where all assets were held as joint tenants and pass by survivorship³.

Where there is a valid will and you have been appointed as executor, you will need to apply for a grant of probate to deal with the estate⁹. Where there is no will, you complete a PA1A form instead¹⁰. You can apply by post or online⁷, and the application itself goes through GOV.UK³.

Scotland has its own name for the same idea: probate there is called Confirmation¹¹. In Northern Ireland, if the estate is worth above a certain amount, the executor or administrator needs special permission called probate or letters of administration¹².

Some assets never enter the process. Assets placed into a lifetime trust are not considered part of your estate, meaning trustees can manage and distribute them without a grant of probate or confirmation¹³. Where probate or confirmation is required, it must be granted before assets are placed into a will trust¹³. Money in a life insurance policy written in trust is the same: your family will not need to go through the probate process to receive it¹⁴.

Typical probate timescales, stage by stage

There is no single published figure for the grant itself, and the sources do not give one. What they do give is the length of the stages around it, and those are where the months go.

Valuing the estate comes first, and it must be done before applying for probate if probate is needed¹. That valuation can take several months, and longer if it is a big or complicated estate, for example if it involves trusts or there is tax to pay¹. Inheritance Tax then normally has to start being paid before probate is granted¹.

Once the grant is through, the money moves relatively quickly. Banks usually release the funds within a few weeks of receiving the probate or confirmation, ID documents and signed closure forms⁵. Where a life insurance policy was not written in trust, loved ones may have to wait until probate has been completed before receiving the money, which can take weeks or months¹⁵.

The distribution stage has its own clock. In Scotland, executors must normally wait at least 6 months from the date of death before distributing the estate⁶. Independent guidance suggests waiting 10 months after probate is granted before distributing the estate in case any claims are made against it⁷. One source describes a statutory notice period of 2 months for claims to be made by notice in the press before distributing, though some probate specialists recommend waiting up to 10 months¹⁰.

Inheritance Tax can hold up the grant

This is the single most common reason an application sits still. Inheritance Tax will need to be paid before probate can be granted³. The official guidance says the same in the reader's own terms: you will normally have to start paying Inheritance Tax before probate is granted¹.

That creates a cash-flow problem for many estates. The tax falls due before the money tied up in the estate has been released, and the grant that would release it has not been issued. HMRC has two mechanisms that address this. In certain circumstances HMRC can allow the issue of a grant on credit, which postpones payment of Inheritance Tax until after probate has been granted¹⁶. Separately, Inheritance Tax on certain assets that may take time to sell can be paid by annual instalments, and once the first instalment has been paid the personal representatives can proceed to apply for probate¹⁶.

Both are worth knowing about because they change the order of events rather than the amount owed. The tax is still due; what moves is when it has to be found.

Common causes of probate delays

The delays that matter are usually about information and valuation, not about the probate service itself.

A big or complicated estate is the clearest one. Valuing an estate can take several months, and longer where it involves trusts or there is tax to pay¹. Where the deceased did not make a will, the estate still has to be resolved through probate, which can take quite a few months⁴, and the application goes by post on a PA1A form rather than online¹⁰.

Assets that are slow to value or sell hold things up in the same way. Where Inheritance Tax is due on assets that take time to sell, the instalment route exists precisely because the estate cannot realise the money quickly¹⁶.

Where a bank or building society is unsure whether probate is required, that is a delay in its own right: each financial organisation has its own rules and policies on whether probate is required⁸. A credit union, for example, states that if a member does not have a will, probate may be required to claim savings held with it¹⁷.

The timescales are not fixed even for the institutions involved. One bank says plainly that timescales can vary depending on the complexity of the estate and whether probate is required¹⁸.

After the grant: collecting and distributing the estate

Once the grant is issued, the estate can be collected in and then distributed, and the second of those has a waiting period built into it.

Independent guidance suggests waiting 10 months after probate is granted before distributing the estate in case any claims are made against it⁷. In Scotland the rule is expressed differently: executors must normally wait at least 6 months from the date of death before distributing the estate⁶. One source describes a statutory notice period of 2 months for claims to be made by notice in the press before distributing, with some probate specialists recommending waiting up to 10 months¹⁰.

There is a practical consequence for anyone expecting money. If you are due to inherit, it is usually counted when the estate is distributed, though it may be counted earlier if probate has been granted and nothing is stopping the estate being finalised¹⁹. That matters for means-tested benefits, where capital rules apply.

The grant also unlocks assets held in trust structures. Where probate or confirmation is required, it must be granted before assets are placed in trust¹³. Lifetime trusts sit outside this entirely: trustees can manage and distribute without a grant of probate or confirmation¹³.

Where to get help if probate is taking too long

The first thing to establish is whether the delay is in the estate or in the process. If the estate is still being valued, or Inheritance Tax is still being worked out, the timescale is the valuation timescale: several months, longer for a big or complicated estate¹.

If a bank or other institution is the hold-up, the route is its own complaints procedure first. Where a complaint is not resolved, the Financial Ombudsman Service can look at it. The ombudsman has said that where key information arrives late or needs to be chased, complaints take over three weeks longer, on average, to reach a first assessment²⁰.

Free and impartial help is available. MoneyHelper and the bereavement charities provide guidance on dealing with an estate, and the ombudsman service is free to use. Where the estate is being administered professionally, the firm handling it should be able to explain which stage it has reached.