Can I do anything to speed up the HMCTS probate processing time?

You cannot influence HMCTS processing speed directly — it currently runs at 16–20 weeks. What you can do is submit a complete, error-free application first time, as any HMCTS query pauses processing and resets your queue position. Gather all documents before applying.

Does a simple estate take less time than a complex one?

Yes, broadly. The HMCTS processing time is similar for all estates, but preparation and distribution are shorter for simple estates — one property, bank accounts, a clear will and no IHT. Complex estates with multiple assets, business interests or IHT investigations take significantly longer.

What happens if HMRC opens an enquiry into the IHT return?

An HMRC enquiry into an IHT400 can add 12 months or more to the total process. HMRC has 35 days to acknowledge IHT400 and may raise queries on valuations, reliefs or undisclosed assets. Each round of queries adds weeks. Complex cases have been open 3–5 years pending HMRC resolution.

Can beneficiaries force the executor to distribute the estate faster?

After the executor's year — one year from death — beneficiaries can apply to the court for an order compelling the executor to account and distribute. In practice, most executors who are simply slow respond to a formal solicitor's letter before court action is needed.

What is the executor's year?

The executor's year is a common law rule giving executors 12 months from the date of death to administer the estate before beneficiaries can compel distribution. It does not mean executors are free to ignore the estate — they must actively progress it throughout.

Is there a legal deadline for completing probate in England and Wales?

There is no statutory deadline for completing probate. The executor's year provides the practical benchmark. HMRC has its own deadlines — IHT must be paid within 6 months of death or interest accrues. Executors who delay unreasonably can face personal liability for losses caused to beneficiaries.

Probate · Timeline

How long does probate take?

HMCTS is processing applications in 16–20 weeks — but that is only one step. From the date of death to final distribution, a straightforward estate takes 9–12 months.

A taxable estate, disputed will, or property sale adds more. The bottlenecks are rarely where people expect them.

This page covers: the four stages and how long each takes · what slows probate down · what you can do while waiting for the grant · the executor's year rule.

§1

The four stages — and how long each takes

Most estates pass through four distinct phases. The grant of probate (or letters of administration) is issued at the end of Stage 2 — it is not the finish line. Stages 3 and 4 often take longer than the application itself.

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Stage 1 — Preparation4–8 weeks

Register the death, gather death certificates, locate the will, value all estate assets, identify and notify all institutions. For taxable estates, complete IHT400 and supporting schedules — HMRC must acknowledge receipt before you can apply. IHT must be paid before the grant is issued; arrange a loan from the estate's bank or pay from personal funds if cash is tight.

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Stage 2 — HMCTS application16–20 weeks

Submit PA1P (with will) or PA1A (no will) online via MyHMCTS, with the original will, death certificate and probate fee (£526; exempt if estate under £5,000). HMCTS reviews, may raise queries, and issues the Grant of Probate or Letters of Administration. Online applications are typically 4–6 weeks faster than paper.

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Stage 3 — Collecting assets1–3 months

Present the sealed grant to each bank, investment platform, share registrar and insurer. Each institution has its own process — typically 2–6 weeks per institution once the grant is received. Write to all of them simultaneously the day the grant arrives. Property sale (if required) often takes a further 2–4 months to complete.

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Stage 4 — Paying debts and distributing1–3 months

Pay all debts in the correct order: funeral costs first, then administration expenses, then HMRC, then legacies. Prepare estate accounts. Obtain HMRC IHT clearance (form IHT30) for taxable estates. The executor's year principle means beneficiaries cannot demand distribution before 12 months from death — but most straightforward estates complete well within that.

Straightforward estate: 9–12 months total. Taxable estate with property sale: 12–18 months. Contested will, HMRC enquiry, foreign assets, or missing beneficiaries: 18 months to several years.

§2

The four things that take longer than expected

IHT before probate

HMRC requires IHT to be paid before the grant is issued — but you can't access the estate's cash without the grant. Most banks will lend the estate the IHT amount interest-free (a probate loan), or allow direct payment to HMRC from the deceased's account. Sorting this takes 2–4 weeks on its own.

HMCTS queue

Once submitted, the application sits in HMCTS's queue. You cannot chase or expedite it. The 16–20 week estimate is an average — complex applications or those with queries attached take longer. Apply online via MyHMCTS rather than paper to save 4–6 weeks.

Property sale

You need the grant before you can complete a sale — but you can market and accept an offer beforehand. Once the grant arrives, conveyancing typically takes 8–12 weeks. Budget for the grant and sale running sequentially, not in parallel.

Institution lag

Banks, platforms and share registrars each take 2–6 weeks to release funds after the grant arrives. With multiple institutions, this phase compounds. Write to all of them simultaneously the day the grant arrives — not one at a time.

§3

Factors that extend the timeline

Most probate delays are caused by one of the following. Identifying which applies to your estate early — before you submit — gives you the best chance of managing the timeline.

Cause of delay → typical time added

Taxable estate (IHT400 required)+4–8 weeks

Completing IHT400 and supporting schedules (IHT405 for property, IHT407 for chattels, IHT409 for pensions) is significantly more involved than the simple PA1 form. Many executors need professional help, adding cost and time.

HMRC IHT enquiry+6–18 months

HMRC has 12 months from IHT400 submission to open an enquiry. If they query a valuation — particularly residential property — the estate cannot close until resolved. This is the single biggest tail risk for larger estates.

Disputed will or contested probate+12 months to years

Any challenge to the will's validity (lack of capacity, undue influence, fraud) halts the grant until the dispute is resolved in court. Contentious probate is specialist litigation — ordinary solicitors cannot handle it.

Foreign assets+3–12 months

An English grant does not automatically apply abroad. France, Spain, and most of the EU apply EU Succession Regulation 650/2012; each other jurisdiction has its own process. Budget one separate application per country.

Missing beneficiaries+2–6 months

The executor must take reasonable steps to locate all beneficiaries before distributing. A genealogist (heir hunter) is usually needed; distributions cannot proceed until all beneficiaries are identified or a Benjamin order obtained from court.

Business interests or unquoted shares+2–4 months

Shares in private companies must be valued by a professional — HMRC Shares and Assets Valuation team must agree the figure for IHT. Unquoted share valuations are frequently disputed, adding further time.

Incomplete or missing original will+2–8 weeks

HMCTS requires the original will — a photocopy is not accepted unless you apply for a court order to prove a copy. If the original is lost entirely, you must apply to prove the will's existence by other evidence.

§4

What you can do while waiting for the grant

The 16–20 week HMCTS wait is not dead time. Much of the estate's administration can proceed in parallel, so you are ready to move immediately when the grant arrives.

Market the property

You can instruct an estate agent, accept an offer and instruct solicitors — you cannot complete until the grant arrives. Starting now puts you 8–12 weeks ahead of where you'd be if you wait for the grant first.

Write to all institutions

Notify every bank, platform and registrar with a certified death certificate. Ask each to confirm the balance and exactly what they need to release funds on receipt of the grant. You'll be ready to act the day it arrives.

Pay funeral costs

Banks release funds to pay the funeral director before the grant — contact the bereavement team with the death certificate and invoice. Sort this now rather than letting the funeral director wait 4–5 months.

Deal with joint assets

Joint bank accounts and property held as joint tenants pass by survivorship — no grant needed. Notify the bank and Land Registry (form DJP) with only the death certificate. Don't leave these sitting idle.

Figure watch · checked weekly

The figures on this page change.

Court fees rise, thresholds move, deadlines shift.

This card watches the same way your Valoren records would — leave an email and we'll tell you when one changes, once, then stop.

Executor's First Hour · £179

A timed checklist from Day 1 through month 12 — so no stage catches you off guard

Covers every phase of the probate timeline: what to do in the first week, how to prepare the application, what to action during the HMCTS wait, and how to close the estate cleanly once the grant arrives.

See what's included→

If this estate needs more than a guide

Where the boundary is reached, Valoren refers.

The table above names the moments many executors bring in help. For three of them — the IHT400 and its schedules, an HMRC enquiry in view, an estate spread across borders — this is where that help can come from, and we are straightforward about which route is ours.

Signum · Valoren's own specialist desk

Have Signum carry it

Signum is part of Valoren — our own service, and we say so plainly. Where the timeline is being driven by complexity rather than the queue — an HMRC enquiry in view, IHT400 and its schedules, an estate spread across borders — Signum picks the work up mid-administration, handled by in-house regulated specialists and coordinated through named regulated professionals. It starts with a free intake, and if we are not the right fit for your estate, we will tell you so and point you at the directories below.

valoren.uk/services →↗

Prefer an independent adviser?

The Law Society · Public directory

Find a Solicitor

The Law Society of England & Wales — regulated solicitors. Searchable by postcode and area of practice. Best fit for full-service estate administration where IHT400 submission, cross-border assets, or contested points are involved.

solicitors.lawsociety.org.uk →↗

STEP · Public directory

Find a Trust and Estate Practitioner

Society of Trust and Estate Practitioners — the professional body for trust and estate work in the UK. Members hold the TEP credential after rigorous examination. Best fit when trusts, cross-border estates, or complex succession structures are involved.

step.org →↗

CIOT · Public directory

Find a Chartered Tax Adviser

Chartered Institute of Taxation — the leading professional body for UK tax. Members hold the CTA credential after the most demanding tax qualification in the UK. Best fit when APR/BPR, business succession, lifetime gift planning, or HMRC dispute resolution are in play.

tax.org.uk →↗

Signum is Valoren's own desk — instructing it means instructing us, disclosed plainly. None of the three directories pays Valoren a referral fee; they are listed so the independent route is always one click away.

FAQ

Common questions

01Can I speed up the probate process?›

Within limits. HMCTS sets its own processing queue — you cannot pay to jump it. But you can reduce your preparation time by: gathering all death certificates and asset valuations immediately; completing IHT400 before submitting the probate application (HMRC must acknowledge it first for taxable estates); applying online via the MyHMCTS portal rather than paper (typically 2–4 weeks faster); and responding to any HMCTS queries within 48 hours rather than letting letters sit.

02Does having a will make probate faster?›

Modestly. With a will, you apply for a Grant of Probate (PA1P) rather than Letters of Administration (PA1A). Both go through the same HMCTS queue.

The real advantage of a will is that it removes uncertainty about who the beneficiaries are and who has authority to act — reducing the risk of disputes that add months. A disputed will can take years. An uncontested one with a clear executor typically adds no delay over intestacy.

03What is HMCTS currently taking for probate applications?›

As of mid-2026, HMCTS is processing straightforward online applications in approximately 16–20 weeks from submission. Paper applications take longer — typically 20–26 weeks.

In 2021–2022 during a processing backlog, some applicants waited 6–9 months; the situation has improved significantly since. Check the current HMCTS service update page for the latest published target before submitting.

04Can I sell the house before probate is granted?›

You can market the property and accept an offer before probate — but you cannot complete the sale or transfer title. Most buyers and their solicitors will proceed to exchange, then agree to complete after the grant is received.

Make clear to the estate agent and buyer's solicitor that the grant is pending — experienced conveyancers handle this routinely. Allow 16–20 weeks from your application date when planning the completion timeline.

05What happens if there's an IHT dispute with HMRC?›

HMRC has 12 months from the date you submitted the IHT400 to open an enquiry into the estate's tax position. During that period — and while any enquiry is open — HMRC can ask for further information, revisit valuations, and potentially raise a further IHT assessment.

An active HMRC enquiry does not prevent you distributing the estate, but beneficiaries should be warned that a claw-back is possible. Retain sufficient funds in the estate account to cover any additional liability until HMRC issues a clearance certificate (IHT30).

06Is there a time limit for applying for probate?›

No statutory deadline applies to applying for a grant. However, executors have a duty to administer the estate with reasonable diligence.

The executor's year is an established common-law principle: beneficiaries cannot generally demand distribution until 12 months after the date of death — but beyond that, unreasonable delay can expose an executor to claims for interest on the legacy. HMRC also charges interest on unpaid IHT from 6 months after the end of the month of death, regardless of when probate is applied for.