What is the Probate Timeline in the UK?

In most cases, when someone dies, the executors of their Will need to apply for a grant of probate to have the legal authority to deal with their estate.

Applying for probate can be an intimidating prospect, especially if you have no prior experience with the process. The first question many people have when they are initially tasked with executing an estate is: “How long does probate take?”

In this blog, we discuss what you can expect the probate timeline in the UK to look like, including how long you can expect each stage of the process to take, what factors can cause probate registry delays and how to speed up probate.

How long does probate take in the UK?

There is no definitive answer, as the average probate timeline can vary significantly based on a variety of factors, including the complexity of the estate in question. Typical probate waiting times for most straightforward estates are six to nine months, though this can extend well beyond two years in some cases.

The probate process timeline: stage by stage

There are various probate stages, each of which has its own average timeline, which you should be made aware of at the outset of your case. Knowing how long probate will take should allow you to plan as effectively as possible.

Stage 1: Pre-application.

In the immediate aftermath of someone’s death, various administrative tasks need to be carried out. This typically involves formally registering the death, locating the Will, confirming if probate is needed, identifying the assets outlined in the Will, checking if Inheritance Tax needs to be paid and obtaining an estate valuation. Do note that you should not make any concrete financial plans or put property on the market until probate has been obtained.

This typically takes between one to eight weeks.

Stage 2: Applying for the grant of probate

The process of applying for probate can be done online or by post. Where there is a Will, you will need to fill out what’s known as a PA1P form and submit this to the Probate Service. This should only take around one to two weeks, depending on how familiar you are with the form and the information you need to include.

Stage 3: Probate registry processing time

After submitting an application for probate, the next step lies with the Probate Service. They will process your application and should respond within 12 weeks. You can track a probate application in the UK by signing in to the Probate Service.

Stage 4: Estate administration

After probate has been granted, the next step will be to complete the process of administering the estate, as per the instructions included in the Will. This will mean collecting assets, paying debts and taxes, selling property if needed, and preparing final estate accounts. This can often be a long process, taking an average of 6 to 12 months.

Stage 5: Distributing the estate to beneficiaries 

The final step will be to handle the distribution of assets to beneficiaries named in the Will and to close the estate. This should take around one to three months in straightforward cases.

Probate timeline with a Will vs without a Will

If the deceased dies with a valid Will in place, the general process is likely to be much more straightforward and reduce the potential for delays.

If someone dies without a Will, they die ‘intestate’. This means that additional steps will be required to identify beneficiaries, and the process used to execute the estate will be different.

Without a Will, someone will need to apply for a grant of letters of administration, rather than a grant of probate. The waiting times are often significantly longer for letters of administration applications, and the steps required to make an application for letters of administration can also add weeks on to the overall timeline.

What factors can delay probate?

“Why does probate take so long?” is a valid question, but there are some potential explanations which could be relevant to your particular case.

A wide range of factors can all contribute to probate waiting times, including complex estates, missing documents, Inheritance Tax issues, property sales, disputes between beneficiaries, foreign assets, and probate registry backlogs.

How to speed up the probate process

In many cases, probate registry delays are often the reason the process can take much longer than expected. This can be understandably frustrating, as this is one step in the process which is ultimately out of your hands.

That said, there are various actionable tips you can keep in mind, which can help to streamline the process as much as possible.

You should:

• Organise and file documents early
• Conduct a detailed inventory
• Consider a digital probate application
• Respond promptly to registry queries
• Consider professional valuations
• Pay IHT quickly

Having a specialist probate solicitor can also help to significantly speed up the process, especially if the estate you are executing is particularly complex. At Devonalds, our probate solicitors can provide support with all aspects of the process, providing you with the peace of mind that everything will be handled efficiently and ensuring that any potential delays are kept to a minimum.

Current probate waiting times

Current probate waiting times in the UK are variable. Recent government initiatives have led to a decrease in average waiting times for probate applications, with online applications now taking an average of four weeks to be approved. Paper applications have also seen a general improvement in waiting times, though they still take longer on average to be approved compared to online applications.

It is important to remember that these are average waiting times. It could still take much longer for probate to be granted in some cases, particularly if the estate in question is complex or if there are any issues raised during the application process.

What Happens If Probate Takes Longer Than Expected?

When probate takes longer than expected, various complications can arise. Delays in obtaining probate can result in beneficiaries of a Will having to wait to access their inheritance, property sales being put on hold and a potential rise in costs, such as property maintenance fees. If you are concerned that probate delays are causing issues, it is important to speak to a legal professional as soon as possible to review your options.

Do you always need probate?

No, you don’t need probate in every circumstance. It mainly depends on the nature of the deceased’s assets.

For example, if the deceased owned assets jointly with another person, such as a house or bank account, it would automatically pass on to the surviving owner, and probate will not be needed to access it.

Similarly, if the estate is of particularly low value (£5,000) or less, it will generally not need to go through probate.

Probate timeline FAQs

Why is my probate application taking so long?

There are a wide range of reasons which could explain why probate is taking so long in your personal case. These can range from:

• Probate Registry backlogs
• Missing information in an application for grant of probate
• Inheritance Tax complications
• Estate complexity
• Third party delays

How long after probate is granted do beneficiaries get their inheritance?

There is no fixed timeline for beneficiaries of an estate to receive their inheritance after probate has been granted. In straightforward cases, probate is likely to take around two to three months to complete, but the exact time it takes will depend on the value and complexity of the assets, the clarity of the instructions left in the Will and how efficient the executors are.

There are also certain circumstances where interim payments can be made to beneficiaries during the administration process, before a final payment is made to them at the conclusion of the matter.

What is the quickest probate can be completed?

In an ideal scenario, where an estate is straightforward and there are no unexpected delays in granting probate, the process could be completed in a matter of a few months. This would usually apply to cases where an online application is made for grant of probate, the Probate Registry approves the application within the current average waiting time of four weeks, and the executors carry out their duties without any delays or disputes.

How can I track my probate application?

If you have made an online application for grant of probate, it is possible to track the progress of said application through the government’s online portal.

If you have submitted an application through the post, you should receive a letter or email within 12 weeks. If you have any queries about the status of your application, you can contact the Courts and Tribunals Service Centre. 

Does using a solicitor speed up probate?

Yes, working with a specialist solicitor can help to speed up the probate process. While a solicitor won’t be able to control any external delays caused by the Registry Office, they will be able to ensure that an application for grant of probate will be completed accurately and efficiently.

This can be especially important where an estate is notably large, contains complex assets or includes a business. 

What happens if probate takes more than a year?

There are no set time limits for an executor to administer an estate. There is a general rule that the process should take less than a year, referred to as the ‘executor’s year’, but this is not a legal requirement. Administration for complex estates can often take a long time, extending beyond a year in some cases.

It is important that, if the probate process is likely to take more than a year, the executors of the estate clearly communicate this with any interested parties and explain the reasons.

Speak to our expert probate solicitors today

If you need help with probate applications, please get in touch with your local Devonalds office at Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales Wills & Probate solicitors today.

You can call us on 01443 779050 or use our simple contact form and we will get back to you as soon as possible.