Probate Delays: What Causes Them and What You Can Do

The administration has taken longer than expected. The solicitor's emails are getting shorter. The beneficiaries are asking questions you cannot answer. And you are carrying all of this on top of your own grief, while trying to keep everything together.

Probate delays are one of the most common — and least talked about — sources of stress for families after a bereavement. They are rarely anyone's fault, but they are almost always explainable. Understanding why an estate is stuck is the first step to getting it moving again. This guide covers the main causes of delay, what is within your control, and what to say to the people involved.

How Long Does Probate Actually Take?

The honest answer is that there is no single timeline, and anyone who gives you a firm number without knowing the details of the estate is guessing. That said, here is what the data suggests for England and Wales in 2025–26:

These are broad guides, not guarantees. A straightforward estate can sometimes be completed relatively quickly, while a complex one can take substantially longer. The important thing to understand is that many delays are caused by external factors — HMRC, the Probate Registry, conveyancers, banks — rather than by the executor or solicitor being slow.

HMRC and Inheritance Tax Delays

Where full estate details must be reported to HMRC, submit IHT400 and follow the probate-code process before applying in England and Wales. Where Inheritance Tax is due, a payment towards it is normally required before the grant. Check the applicable instalment rules; if estate funds cannot be released and there is no other way to pay, you can ask HMRC to postpone payment. See GOV.UK's payment guidance. Do not assume that the probate code closes every possible tax enquiry.

GOV.UK says HMRC sends the unique probate code for an England and Wales application within 20 working days of receiving the IHT400 or the payment, whichever arrives later. Missing schedules, unpaid tax or HMRC questions can make the route take longer. Wait for that code before completing the probate application.

Additional delays occur when HMRC opens an IHT enquiry — a formal investigation into the values reported on the IHT400. This is most common where the estate includes property (HMRC may challenge the valuation), business assets, or gifts made in the seven years before death. There is no single reliable duration for an enquiry; it depends on the issue, evidence and whether the parties agree the treatment.

For non-taxable estates, HMRC is less directly involved. For most deaths on or after 1 January 2022, excepted-estate values are confirmed through the probate application rather than a separate IHT205. This route usually does not add the same HMRC processing delay as a full IHT400.

Probate Registry Delays

The Probate Registry — the court service that issues grants of probate and letters of administration — has experienced changing application volumes and processing times. Use the current GOV.UK service expectation and respond promptly if HMCTS asks for more information.

GOV.UK currently says you will usually get probate within 12 weeks of submitting the application. It can take longer if HMCTS asks for additional information, if the estate is complex, or if there are tax, will, identity or entitlement issues to resolve.

Common reasons for the Probate Registry to raise a query or requisition include: inconsistencies between the will and the application form, questions about the identity of executors, issues with the oath or statement of truth, and missing supporting documents. Each requisition adds time while the query is resolved — how much depends on what is being asked for and how quickly the information is supplied.

Missing Assets, Unclaimed Policies, and Searches

Before the estate can be distributed, the executor must be reasonably confident that all assets have been identified and all liabilities have been accounted for. This is more complicated than it sounds. People accumulate financial products over decades — old pension pots from previous employers, life insurance policies taken out years ago, dormant bank accounts, Premium Bonds, share certificates in companies that have since been taken over.

Tracing these assets takes time. Use current routes such as My Lost Account for dormant bank, building society, and NS&I accounts, the Pension Tracing Service for old pension schemes, and direct provider or insurer enquiries for policies. Response times vary. Share registrars may need to be contacted individually. Old building society passbooks may need to be presented in person.

On the liabilities side, executors are advised to place a Section 27 notice in The Gazette — a formal public notice that gives unknown creditors two months to come forward before the estate is distributed. This two-month waiting period is not legally mandatory, but it protects the executor from personal liability if an unknown creditor appears after distribution. Many solicitors include this as standard, which adds at least two months to the timeline.

Property and Conveyancing Delays

If the estate includes a property that needs to be sold, the conveyancing process adds its own timeline — and its own unpredictability. A residential property sale in England and Wales has an uncertain timetable from offer to completion, which varies with the transaction: it can stretch considerably if the property is part of a chain, if there are title issues, or if the buyer's mortgage takes time to arrange.

Probate property sales have some specific complications. The executor needs the grant of probate before they can legally sell the property (though they can accept an offer and instruct solicitors before the grant is issued). If the property is in poor condition, it may be harder to sell or may require work before it can be marketed. If there are multiple executors or beneficiaries who disagree about the sale price or timing, this can cause significant delays.

Title issues are more common in probate sales than in ordinary sales. Problems can include: the property not being registered at the Land Registry (common for older properties), missing title deeds, restrictive covenants that need to be addressed, or disputes about the boundaries of the property. Each of these can extend the conveyancing process.

Disputes and Contested Estates

A contested estate — one where someone challenges the validity of the will, disputes the distribution, or makes a claim under the Inheritance (Provision for Family and Dependants) Act 1975 — can substantially extend the probate process. These cases are genuinely difficult, and the delays are not a sign that the system is failing; they reflect the time needed to gather evidence, attempt mediation, and if necessary go to court.

The most common types of dispute are: challenges to the validity of the will (on grounds of lack of testamentary capacity, undue influence, or fraud), claims by people who believe they were inadequately provided for, and disputes between executors and beneficiaries about how the estate is being administered. Each type has its own legal process and timeline.

If you are an executor facing a dispute, the most important thing is to take legal advice early. Do not distribute the estate while a dispute is live — if you do, and the claimant succeeds, you may be personally liable for the shortfall. A caveat filed at the Probate Registry will prevent the grant of probate from being issued while a dispute is being resolved, and the Probate Registry will notify you if a caveat has been entered against the estate.

When the Delay Is Caused by the Executor or Solicitor

Sometimes — not always, but sometimes — the delay is caused by the person administering the estate. This is a difficult thing to raise, but it is worth understanding what reasonable timelines look like so you can tell the difference between an unavoidable delay and one that could be addressed.

An executor has a legal duty to administer the estate with reasonable diligence. There is no statutory deadline for completing probate, but the courts have held that the "executor's year" — the 12 months following the date of death — is a reasonable period within which to complete administration of a straightforward estate. After that, beneficiaries can apply to the court to compel the executor to act or to have them removed.

If you are using a solicitor and feel the matter is not progressing, you have the right to ask for a specific update in writing, including what is outstanding and what the expected timeline is. If you are not satisfied with the response, you can make a formal complaint to the firm, and if that does not resolve matters, to the Legal Ombudsman. Switching solicitors mid-probate is possible but adds its own disruption, so it is usually worth exhausting the complaint process first.

What You Can Do to Speed Things Up

Some delays cannot be shortened — HMRC will take as long as it takes, and the Probate Registry queue moves at its own pace. But there are things that genuinely make a difference, and they mostly come down to preparation and parallel working.

Start asset and liability searches early. Do not wait for the grant of probate before writing to banks, pension providers, and insurance companies. You can notify them of the death and request information about the account or policy as soon as you have the death certificate. Most institutions will freeze accounts and prepare valuations while you are waiting for probate — this means you have the information you need to complete the IHT400 without delay once you are ready to submit it.

Get the IHT400 right first time. Errors or omissions in the IHT400 are one of the most common causes of HMRC delays. HMRC will write back with queries, and each round of correspondence adds delay. If the estate is complex, it is worth paying for specialist advice on the IHT return even if you are handling the rest of the administration yourself.

Market the property before probate is granted. You cannot complete a sale without the grant, but you can instruct an estate agent, accept an offer, and instruct conveyancing solicitors. Having a buyer ready to exchange contracts the moment the grant arrives can save time compared with starting the marketing process after the grant is issued.

Chase in writing, not just by phone. Written requests create a record and tend to get faster responses than phone calls. When chasing HMRC, the Probate Registry, or a solicitor, send a letter or email that states what you are waiting for, how long you have been waiting, and asks for a specific date by which you can expect a response. This is not aggressive — it is how professional administrators work.

Consider whether a professional executor or administrator would help. If the estate is complex and you are struggling to manage it alongside your own life and grief, it is entirely reasonable to appoint a professional administrator — either a solicitor or a specialist probate service — to take over. This has a cost, but it can be worth it if delays are causing financial hardship to beneficiaries or if the complexity of the estate is beyond what you can reasonably manage alone.

Common Questions