How long does probate take with a will? For a straightforward estate — one property, a few bank accounts, no inheritance tax — the typical range is 6 to 12 months from the date of death to final distribution. Complex estates involving inheritance tax, disputes, business assets, or foreign property can take two to three years. The honest answer depends on your specific estate, but this guide gives you the definitive stage-by-stage breakdown for 2026.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
How Long Does Probate Take With a Will — Stage by Stage
Weeks 1 to 4: Register the Death, Locate the Will, Notify Institutions
The death must be registered within five days. You will need multiple certified copies of the death certificate — most banks, insurers, and pension providers require an original or certified copy each. Locate the original will by checking the deceased’s papers, contacting their solicitor, and searching the National Will Register. Use the Tell Us Once service on GOV.UK to notify multiple government departments simultaneously. See our guide on where wills are commonly stored if the original cannot be found immediately.
Weeks 4 to 10: Value the Estate
Every asset must be valued at the date of death. Banks typically respond to valuation requests within two to four weeks. Property valuations from a RICS-accredited surveyor take one to two weeks to arrange and receive. Investments, share portfolios, and pension death-in-service lump sums all require separate valuations. Outstanding debts — mortgages, credit cards, loans — must also be recorded. This stage cannot be rushed because the figures feed directly into the HMRC inheritance tax forms.
Weeks 8 to 14: Complete HMRC Forms and Pay Any Inheritance Tax
Where the estate is straightforward and below the inheritance tax threshold, an online estate report submitted through the HMCTS portal is sufficient. Where inheritance tax is payable, or the estate is complex, form IHT400 must be completed and submitted to HMRC before the probate application can proceed. Inheritance tax must be paid by the end of the sixth month after the month of death — miss this deadline and interest accrues daily. The full IHT400 return must be submitted within 12 months of the end of the month of death.
If the estate does not have liquid funds to pay the tax, the Direct Payment Scheme (form IHT423) allows a bank to pay HMRC directly from the deceased’s accounts before the Grant is issued. For tax attributable to property, executors can elect to pay in annual instalments over up to 10 years, though interest applies. See our guide on how to pay inheritance tax before probate.
Weeks 10 to 22+: HMCTS Processes the Probate Application
Once HMRC paperwork is resolved and any tax paid, the executor submits the probate application to HMCTS. Online applications through MyHMCTS are processed in approximately 12 weeks according to GOV.UK. Paper applications take considerably longer. The application requires form PA1P (with a will), the original will, and the £300 court fee for estates above £5,000. The executor signs a statement of truth — this replaced the requirement to swear an oath in 2020. If HMCTS raises a requisition, the clock pauses until you respond. Learn more about how to track your probate application.
Months 5 to 9: Administer the Estate After the Grant
Once the Grant of Probate is issued, executors can formally collect assets, close accounts, sell investments, and transfer or sell property. If the estate includes a property that must be sold before distribution, add the current property market timeline — typically three to six months from instruction to completion in most areas. Estate accounts must be prepared setting out all assets, liabilities, income, and distributions.
Months 8 to 12: Final Distribution
Most solicitors advise waiting at least six months from the date of the Grant before making final distributions to beneficiaries. This protects executors against claims under the Inheritance (Provision for Family and Dependants) Act 1975, which must be brought within six months of the Grant. Distributing before this window closes creates personal liability for the executor if a valid claim later succeeds.
Speak to Simon Jenkins — Free, No Obligation
Call us today for an honest assessment of the estate. No jargon, no pressure.
What Delays Probate When There Is a Will
Missing or Invalid Will
If the original will cannot be found, or its validity is challenged, the probate application cannot proceed until the issue is resolved. A missing will that can only be replaced by a certified copy requires a court application. A disputed will can add 12 to 36 months to the process and the estate is effectively frozen throughout.
Inheritance Tax Complexity
Where the IHT400 involves business property relief, agricultural property relief, foreign assets, lifetime gifts within seven years of death, or assets held in trust, HMRC may raise queries that take months to resolve. IHT relief claims are scrutinised carefully — valuations of business interests in particular are frequently challenged.
Property Sale
If the estate includes a property that must be sold before distribution, the timeline extends to match the property market. See our guide on selling the deceased’s property for the options available before and after the Grant is issued.
Family Disputes
Executors cannot safely distribute an estate while active disputes between beneficiaries remain unresolved. A claim under the Inheritance (Provision for Family and Dependants) Act 1975 must be brought within six months of the Grant. Executors who distribute before this window closes, and a valid claim then succeeds, face personal liability for the shortfall.
Key Deadlines — How Long Does Probate Take for Tax Purposes
- Inheritance tax payment: due by the end of the sixth month after the month of death. Interest accrues daily on unpaid tax from this date.
- IHT400 submission: must be filed with HMRC within 12 months of the end of the month of death.
- Inheritance Act claims: must be brought within six months of the Grant of Probate being issued.
- Deeds of Variation: beneficiaries can redirect their inheritance for tax planning purposes within two years of the date of death.
What Speeds Probate Up
- Use a specialist probate solicitor. Experience with HMRC requirements, HMCTS processes, and what individual banks actually need reduces delays at every stage.
- Start valuations immediately. Banks and surveyors take time to respond — instructing them early prevents them from becoming the bottleneck.
- Use the Direct Payment Scheme for inheritance tax. Form IHT423 allows a bank to pay HMRC directly, avoiding the need to source external funds before probate is granted.
- Apply online via MyHMCTS. Online applications are processed significantly faster than paper.
- Respond to requisitions immediately. Any query from HMCTS or HMRC pauses the clock — every day of delay in responding extends the overall timeline.
Frequently Asked Questions
How long does probate take with a will in 2026?
Six to twelve months for a typical straightforward estate with a valid will. Complex estates — those involving inheritance tax, disputes, business assets, foreign property, or multiple beneficiaries — commonly take eighteen months to three years. HMCTS currently processes online applications in approximately twelve weeks once submitted.
Can probate complete in less than six months?
Occasionally, for very small estates with no inheritance tax and a straightforward online application. In practice, most estates cannot complete in under six months because HMCTS processing alone takes approximately twelve weeks, and executors are advised to wait six months from the Grant before final distribution to protect against Inheritance Act claims.
What is the inheritance tax deadline during probate?
Inheritance tax must be paid by the end of the sixth month after the month of death. The full IHT400 return must be submitted to HMRC within twelve months of the end of the month of death. These are separate deadlines and both must be met.
Does using a solicitor speed up probate?
Usually yes. Specialists pre-empt HMRC queries by completing forms correctly the first time, use the online MyHMCTS portal rather than paper, and know what each institution actually requires. The time saved typically outweighs the cost of professional fees.
What is the Inheritance Act six-month window?
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to make a claim against the estate if the will does not make reasonable financial provision for them. Claims must be brought within six months of the Grant of Probate. Executors who distribute before this window closes face personal liability if a valid claim later succeeds.
How do I get a realistic estimate for my specific estate?
Call Simon Jenkins at Curtis Legal for a free discussion. Once the key facts about the estate are known — assets, whether inheritance tax is likely, and whether a will is in place — a realistic timescale can be estimated. Curtis Legal handles probate across England and Wales without requiring an office visit.
What Will Probate Cost? Get an Estimate in 60 Seconds
Answer three quick questions and see a fee estimate based on the estate — no personal details required to start.
📊 Get Fee Estimate