How long does probate take, and why does it get delayed?

“How long is this going to take?” is one of the first questions people ask us, and it’s a fair one. When you’re dealing with an estate, uncertainty is often harder than the work itself. Families want to know when things will be settled, and executors want to know how long the responsibility will last.

There’s no single answer, because every estate is different. But once you understand the stages and what tends to slow things down, it’s much easier to plan, and to avoid the delays that can be prevented.

For a straightforward estate, it’s common for everything to be completed within six to twelve months of the death. Estates with property to sell, complicated finances or a family disagreement can take a good deal longer.

It helps to know that the process has two distinct parts, and they run at very different speeds.

Part one: getting the grant

The first part is applying for the Grant of Probate (or Letters of Administration if there’s no will). Before you can apply, you need to work out what the estate is worth, complete any Inheritance Tax paperwork and get the will and other documents in order. This usually takes a few weeks, and longer if valuations are needed or the paperwork is scattered.

Once the application is in, the Probate Registry reviews it. The speed of service provided by the Probate Registry varies considerably.  Recent figures show that a correct application is typically turned into a grant within a matter of weeks but that could easily change to months with no warning. Applications that need to be queried or corrected take considerably longer, which is one reason getting the details right first time matters.

Part two: dealing with the estate

Once you have the grant, the real work begins. You’ll need to:

• collect in the money and other assets,
• sell or transfer any property,
• pay debts, taxes and expenses, and
• distribute what’s left to the beneficiaries.

This is usually where most of the time goes. Some steps can’t be rushed, because they depend on banks, pension providers, buyers and HMRC, and none of them work to your timetable.

Why estates get delayed

Most delays come down to a handful of causes. Some can’t be avoided, but many can.

Difficulty finding the will or the paperwork. If the will can’t be found, or the person’s affairs weren’t well organised, it takes time to piece together what they owned and owed.

Valuation problems. Property, business interests and unusual assets can take time to value. Getting an accurate figure matters, because mistakes lead to queries from HMRC and the Probate Registry.

Errors or gaps in the application. An application that’s incomplete, or contains errors, can be sent back. That can add weeks or even months, and it’s the most avoidable delay of all.

Selling a property. A house sale can take months, and it depends on the market, the buyer’s chain and the condition of the property. It’s often the single biggest factor in how long an estate takes to finish.

Slow organisations. Banks, pension companies and other institutions can be slow to respond, and each has its own forms and procedures. Chasing them is often a large part of the work.

Inheritance Tax and HMRC. Where tax is payable, or the estate is complex, HMRC’s processes can add time. There can also be a wait for HMRC to confirm that everything is in order before an estate can be closed.

Missing or hard-to-trace beneficiaries. If someone entitled to a share can’t be found, or the family tree is complicated, extra steps are needed to identify and verify the right people.

Overseas assets. Assets abroad usually involve different rules, sometimes different lawyers, and inevitably more time.

Family disagreements and claims. Disputes are the most unpredictable cause of delay. A challenge to a will, or a claim against the estate, can add months or years, and can hold up the whole estate until it’s resolved.

Waiting for the right moment to distribute. Executors are often advised not to distribute too early, in case a debt, tax bill or claim turns up. Waiting can be frustrating for beneficiaries, but it protects everyone, and it’s usually worth it.

Is there a deadline?

There’s no single deadline for finishing an estate. Some elements, particularly around Inheritance Tax, do have firm dates, and missing them can lead to interest and penalties. There’s also a long-standing convention known as the executor’s year: beneficiaries generally can’t expect to be paid in full within twelve months of the death. Many estates are finished sooner than that, but it does mean that a longer timescale isn’t automatically a sign that something has gone wrong.

What can you do to help things move faster?

You can’t control everything, but you can make a real difference:

• Start early. Locating the will and gathering statements and documents sooner saves time later.
• Get the application right first time. Careful valuations and accurate forms help avoid queries.
• Keep good records. A simple list of accounts, policies and contacts helps every step.
• Respond quickly to requests for information or signatures.
• Prepare the property early, if it’s going to be sold, by clearing it, getting valuations and instructing agents promptly.
• Deal with family tensions early. A frank conversation at the start is much quicker than a dispute later.
• Take advice early. Someone who does this regularly knows what’s needed, and can spot problems before they cause delay.

When to worry, and what to do

It’s normal to wonder whether things are moving quickly enough. Signs it may be worth asking questions include:

• long periods with no updates,
• an executor who isn’t communicating, or
• beneficiaries who have received no information at all.

If you’re a beneficiary, start with a polite request for an update. Executors have a duty to administer the estate properly and within a reasonable time, and to keep beneficiaries informed. If that doesn’t work, the court has powers to step in where an executor is failing in their duties, but it’s a step that’s best taken with advice, and only if a sensible conversation hasn’t resolved things.

How we can help

At MHHP Law, we can’t promise that every estate will be quick, because some of the factors are outside anyone’s control. What we can promise is a realistic estimate of the timescale at the outset, honest updates as things progress and prompt action on the parts we control. If something is causing a hold-up, you’ll hear about it from us, along with what we’re doing about it.

Talk to us

If you’d like a realistic idea of how long an estate is likely to take, or you’re worried about delays in one you’re already dealing with, we’re happy to talk it through. Call Ruth Hayward on 020 3667 4784 or email at ruth.hayward@mhhplaw.com, and we’ll help you take the first step.

This article is a general guide for England and Wales and does not constitute legal advice. Timescales vary widely, and every estate is different, so please take advice on your own circumstances.