TL;DR: Probate in England and Wales (and the equivalent Confirmation in Scotland) currently takes 16 weeks on average for a straightforward online application, according to HM Courts and Tribunals Service data. Complex estates regularly take 6 to 12 months and contested or international estates can take years. The clock starts when the application is submitted to the Probate Registry with the Inheritance Tax forms; it does not start at the date of death. The most common reasons for delay are missing documents, the Inheritance Tax position not being settled with HMRC, multiple executors who cannot agree, contentious claims by potential beneficiaries, and overseas assets. Scotland uses Confirmation through the Sheriff Court; Northern Ireland has its own Probate Office.
Last reviewed May 2026
"How long can probate take" is the question executors ask before they start the process, and again every few weeks once they have started. The honest answer is that probate timing has changed considerably since 2020. The shift to an online digital service through HM Courts and Tribunals Service was supposed to speed up applications; the data shows the picture is mixed. Some applications complete within a few weeks; others sit in the system for many months while documents are checked and queries resolved.
This guide sets out what actually happens during a UK probate application, the published timing data, the common causes of delay, what can be done while waiting for the grant, and how the Scottish and Northern Irish equivalents differ.
What probate actually is
Probate is the legal authority for a person (the executor named in a will, or the administrator where there is no will) to deal with a deceased person's estate: collect in the assets, pay debts and taxes, and distribute what remains. In England and Wales, the grant comes from the Probate Registry, part of HM Courts and Tribunals Service. The grant is called "Probate" where there is a valid will and "Letters of Administration" where there is no will (intestacy) or the executors named cannot act.
Not every estate needs a grant. Where the deceased owned everything jointly with a spouse (joint bank accounts, jointly-owned property), those assets pass by survivorship without a grant. Small estates below an asset-holder's threshold (commonly 5,000 to 50,000 pounds depending on the institution) can sometimes be released against indemnity instead of a grant. Most estates with a property in the deceased's sole name will need a grant before the property can be sold or transferred.
The published timing data
HM Courts and Tribunals Service publishes monthly probate statistics. The most recent published figures show average mean processing times of around 14 to 16 weeks from receipt of the application to issue of the grant, with online applications faster on average than paper applications. The median is shorter than the mean because a small number of very long-delayed cases skew the average upwards.
The timing measure is from receipt of the application by the Probate Registry, not from the date of death. There is a separate (and often longer) period before that, during which the executor identifies and values the assets, prepares the Inheritance Tax forms, and gathers the documents. For estates with Inheritance Tax to pay, the IHT400 form must be processed by HMRC and IHT421 receipt issued to the Probate Registry before the grant is issued. The full timeline from date of death to receipt of grant is commonly six to twelve months for a moderately complex estate.
The application process step by step
Stage one is information gathering. The executor obtains the death certificate, locates the will (or confirms there is no will), notifies banks and other asset holders of the death, gets date-of-death valuations of all assets (property, bank accounts, shares, pensions, life policies, personal possessions), lists all debts (mortgages, credit cards, utility arrears, funeral costs), and identifies whether Inheritance Tax may be payable.
Stage two is the Inheritance Tax position. For estates clearly below the nil-rate band (currently 325,000 pounds, with up to a further 175,000 pounds residence nil-rate band where a home is passed to direct descendants, and the spouse's unused nil-rate band where the survivor has died second), an "excepted estate" can be reported via the simpler IHT205 (or the streamlined notification through the probate application itself). For estates with potential IHT, the IHT400 and supporting schedules must be completed and IHT paid to HMRC before the grant can be issued.
Stage three is the probate application itself. Online applications are made through the GOV.UK probate service; paper applications via the PA1P (with will) or PA1A (without will). The application requires the original will (if any), the death certificate, the IHT receipt, the executor declarations, and the application fee. The current fee is published on GOV.UK and changes periodically.
Common causes of delay
Inheritance Tax is the single biggest cause of delay. Estates with IHT to pay cannot get the grant until HMRC has processed the IHT400 and issued the IHT421 receipt. HMRC's processing of complex IHT returns can take weeks or months; valuation disputes (especially on businesses, agricultural property, unusual chattels, or pensions falling into the estate from April 2027) can extend this further. Where IHT cannot be paid before the grant (because there is no liquid asset to pay it from), the executor can pay in instalments on the property element, or arrange a probate loan from a specialist lender.
Missing documents and queries from the Probate Registry are the second cause. The Registry checks the will for compliance with the Wills Act 1837 (signing, witnessing, age of testator), checks the application for completeness, and queries any inconsistency. A query letter can pause the application for several weeks while the executor obtains the additional information.
Contested claims are the third. A claim under the Inheritance (Provision for Family and Dependants) Act 1975, a challenge to the validity of the will, a dispute among executors, or a beneficiary contest can pause or block the grant. Caveats can be entered at the Probate Registry by anyone with standing, preventing the grant until the caveat is resolved.
What can be done while waiting for the grant
Without a grant, the executor cannot sell property, close most bank accounts, or transfer shareholdings. Some practical steps are still available. Banks and building societies can release funds against a death certificate up to their internal threshold (often 5,000 to 25,000 pounds; some go higher). Funeral costs can normally be paid directly from the deceased's account by the bank. Utility companies will accept written notice of death and put accounts into "deceased's estate" status.
The executor can begin marketing the property without the grant; estate agents will accept instructions on the basis of "subject to grant". The conveyance itself cannot complete until the grant has been issued because HM Land Registry requires it. Some executors arrange a probate loan or bridging finance to pay the IHT before the grant; the loan is secured against the estate and repaid from proceeds.
Scotland: Confirmation through the Sheriff Court
Scotland uses a different process called Confirmation, applied for through the local Sheriff Court rather than a centralised Probate Registry. The form (C1 in most cases, or C5 for excepted estates below the IHT threshold) lists every asset by value and the application is supported by the original will (if any), death certificate, and proof of executor entitlement.
Confirmation timing varies by Sheriff Court area. Some courts process applications within a few weeks; others have queues. The Accountant of Court can be involved for trust-related estates. Scottish intestacy rules (under the Succession (Scotland) Act 1964) differ from those in England and Wales: the spouse's prior rights, legal rights, and the distribution of the free estate work to a different formula.
Northern Ireland: separate Probate Office
Northern Ireland's Probate Office operates separately from the England and Wales system. The application route is the PA1 form supported by the will and an account of assets. The Northern Ireland Courts and Tribunals Service publishes its own processing time data and fees, which differ from the England and Wales figures.
Northern Ireland inheritance tax rules are aligned with the rest of the UK (HMRC administers IHT for the whole UK), but the Probate process and the intestacy rules under the Administration of Estates Act (Northern Ireland) 1955 follow Northern Ireland law.
The executor's duties and accountability
An executor's duty is to act in the best interests of the estate and the beneficiaries. The executor is personally liable for losses caused by their default; for example, distributing the estate before paying creditors, or distributing without making proper enquiries. The "executor's year" is the conventional twelve-month period during which executors are expected to administer the estate; after a year, beneficiaries can begin to press for distribution.
Where the estate is complex, executors often instruct a solicitor or a specialist probate practitioner. Probate solicitors typically charge either an hourly rate or a percentage of the gross estate (commonly 1 to 3 percent for routine cases). The cost is usually paid from the estate before distribution to beneficiaries.
How we verified this
Timing ranges quoted here are based on HM Courts and Tribunals Service's published probate statistics, the Ministry of Justice probate timeliness reports, and the published practice of the Probate Registry. Inheritance tax thresholds are taken from current GOV.UK pages; the residence nil-rate band rules and the planned 2027 changes to pension IHT treatment should be checked at the time of any planning. The Scottish Confirmation process is drawn from the Scottish Courts and Tribunals Service guidance; Northern Ireland from the NICTS Probate Office. No statutory or processing time figure has been fabricated.
Disclaimer: This article is general information about probate in the UK. It is not legal advice. Probate processes vary by jurisdiction (England and Wales, Scotland, Northern Ireland) and individual estates have widely different complexity. Anyone administering an estate, especially one with potential Inheritance Tax, contested claims, or international assets, should consider taking specialist legal advice.
Frequently asked questions
How long does probate take in the UK?
Current HM Courts and Tribunals Service data shows average processing of around 14 to 16 weeks from receipt of the application to issue of the grant in England and Wales. The full timeline from date of death to grant is commonly six to twelve months for a moderately complex estate, because the executor has to value the assets and settle Inheritance Tax with HMRC before applying. Scotland's Confirmation and Northern Ireland's Probate are separate processes with their own timings.
Why is probate taking so long?
The most common reasons are Inheritance Tax processing at HMRC (estates with IHT cannot get the grant until HMRC has processed the IHT400 and issued the receipt), missing documents or Registry queries on the application, contested claims or caveats, and difficulties valuing illiquid assets such as businesses, agricultural property or chattels. Executors who cannot agree, or who have not yet identified all the assets, also stretch the timeline.
What happens if probate takes more than a year?
The "executor's year" is the conventional twelve-month period for administering an estate. After a year, beneficiaries can begin to press for distribution and, in some cases, ask the court to compel action. Complex estates regularly run longer for legitimate reasons; an executor who is making progress and keeping beneficiaries informed is usually safe. Pure inaction can lead to a court application to remove and replace the executor.
Can I sell a house before probate is granted?
Marketing the property and accepting an offer "subject to grant" is possible, but the conveyance cannot complete until the grant has been issued because HM Land Registry requires it for transfer. Some buyers are willing to wait several months for the grant; others are not. A bridging or probate loan is sometimes used to pay Inheritance Tax in advance of the grant so that the property can be marketed and sold quickly afterwards.
Do small estates need probate?
Not always. Where the deceased owned assets jointly with a spouse, those assets pass by survivorship without a grant. Banks and asset holders set their own thresholds for releasing funds against the death certificate; common thresholds are 5,000 to 25,000 pounds, sometimes higher. Where there is a property in the deceased's sole name, a grant is almost always needed to sell or transfer it.
