Why probate takes longer than expected — HMRC backlogs, Probate Registry queues, property sales, disputes — and practical steps to keep things moving.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 13 min.
There is no statutory deadline for completing probate in England and Wales. However, the courts recognise the executor's year — the 12 months following the date of death — as a reasonable period for completing administration of a straightforward estate. After that, beneficiaries can apply to the court to compel the executor to act.
Beneficiaries are entitled to interest on their inheritance from 12 months after the date of death if the executor has failed to pay without good reason. The rate is the statutory rate set by the courts. In practice, this is rarely pursued unless the delay is clearly the executor's fault rather than caused by external factors like HMRC or the Probate Registry.
As a beneficiary, you have the right to ask the executor for an account of the estate and an update on progress. If they refuse or do not respond, you can apply to the court for an order compelling them to provide information, or in serious cases, for their removal as executor. Before taking legal action, it is worth sending a formal letter by recorded post setting out what you are asking for and giving a reasonable deadline for a response.
For an England and Wales application, GOV.UK says HMRC sends the unique probate code within 20 working days of receiving the IHT400 or the payment, whichever arrives later. Missing schedules, unpaid tax or HMRC questions can extend the journey.
No. The Probate Registry requires confirmation from HMRC that the IHT return has been received and any tax due has been paid before it will issue the grant. This is why HMRC delays directly delay the grant of probate.
If a beneficiary dies after the deceased but before the estate is distributed, their share of the estate passes to their own estate (unless the will contains a specific provision about this, such as a substitution clause). This adds complexity but does not usually prevent probate from completing.
Some banks and specialist lenders offer probate loans or inheritance advances — essentially a loan secured against your expected inheritance, repaid when the estate is distributed. These can be useful if you are in financial difficulty, but they come with costs and should be approached carefully.