How long does probate take? Common delays explained

Losing a loved one is never easy, and navigating the legal process that follows can feel overwhelming, especially when it comes to probate. Whether you’re acting as an executor or simply trying to understand what happens next, it’s completely natural to have questions, such as, “Do I need to apply for probate” and “How long does probate take?”

Depending on individual circumstances and whether there are any complications with the estate, probate can take from six months to over a year or longer. In this article, we discuss a typical probate timeline and explain some of the most common reasons for delays, so you know what to expect and how to prepare.

What is probate?

Before exploring common probate delays, it can be helpful to understand what probate is. Essentially, probate is the legal process of administering a person’s estate after they die. This usually involves confirming  whether or not any Will is valid, appointing executors or administrators, identifying and valuing assets, paying off any outstanding debts, reporting and paying any tax due, and distributing the remaining estate to the deceased’s beneficiaries.

If there’s a Will, the named executor applies for a Grant of Probate. If there isn’t a Will, a family member usually applies for Letters of Administration instead.

Typical probate timeline

Whist no two estates are the same, a standard probate process often follows these steps:

• The first requirements of probate are registering the death, locating the Will, instructing Solicitors where required, and gathering details of assets and liabilities.
• Once the estate has been valued, the executor should first report and pay any inheritance tax due to HMRC.  They can then can submit the probate application to HM Courts & Tribunals Service.
• Currently, receiving the Grant can take between four and six months depending on how busy the Probate Registry is and whether there are any errors in the application.
• Once probate is issued, executors can collect assets, pay outstanding debts or taxes, and distribute the estate.

Whilst six to twelve months is typical for straightforward estates, more complex situations can mean probate takes significantly longer.

Common delays in the probate process

While many estates follow a relatively smooth path, there are a number of reasons why probate might take longer than expected. These include:

• Incomplete or inaccurate information – Even tiny errors on the probate application, like missing details, incorrect valuations, or unsigned forms, can delay the process while corrections are made.
• Waiting for third parties – Banks, pension providers, HMRC, or mortgage companies may take time to respond to requests for information or release funds
• Disputes or contested Wills – If someone challenges the Will or makes a claim against the estate, probate may be paused until the dispute is resolved. These cases can take many months or even years to settle.
• Missing or multiple Wills – If the most recent Will cannot be found, or if multiple versions exist, it can be difficult to determine which is the right one. This often involves additional legal steps and further delays.
• Complex assets or foreign property – Estates involving business ownership, overseas property, or multiple investment accounts are more complex to value and administer. Local laws may also apply if foreign jurisdictions are involved.
• Tax issues – Inheritance tax needs to be settled before a Grant of Probate is issued. If HMRC requests further information or if calculations are challenged, this can delay the process.
• Capacity issues for executors – If an executor is elderly, unwell, living abroad, or finds the process too overwhelming, delays can occur while different arrangements are made.

How you can help avoid probate delays

While some delays are out of your hands, if you are acting as administrator or executor, there are steps you can take to help the probate process run more smoothly:

• Organise paperwork early so you don’t have to spend time searching for documents
• Instruct professionals who can keep things on track. Consider appointing advisors local to you as much of the process is still paper based rather than digital and it can be helpful to discuss sensitive issues face-to-face
• Communicate clearly with other beneficiaries to avoid potential disputes
• Act promptly when asked for paperwork or further details

Probate is often a slow process as the legal and financial responsibilities involved are often complex, so it takes time to ensure everything’s handled fairly.

If you’re dealing with a bereavement and wondering how long probate will take, and how difficult it will be, you’re not alone. Whether it’s a straightforward estate or a more complicated situation, we’re here to help. Working with our experienced, compassionate team at The Burnside Partnership, with offices local to you in Marlow and Oxfordshire,  can make all the difference, giving you peace of mind as you focus on remembering your loved one. Contact us today to find out how we can help.