Probate is the official process for dealing with someone’s estate after they die. In England and Wales, it’s the legal authority that allows you to collect assets, pay debts, and distribute what’s left to beneficiaries. While most straightforward probate applications are processed in about 12 weeks, delays are common—and often avoidable. Here’s a practical guide to the stages, the real causes of delay, and what you can do to keep things moving.

Typical Timeline: What Happens and When

Pre-application (2 to 6+ weeks):
Start by gathering the original will and death certificate. Identify who the executors are, value all assets and debts, and complete the Inheritance Tax (IHT) return. For simple estates, you may just need to confirm it’s an excepted estate. For larger or more complex estates, you’ll need to complete the IHT400 form and its schedules.

Application submission (day 0):
You can apply online or by post. Even if you apply online, you must post the original will to HMCTS. Always keep proof of posting and copies of the will and any codicils.

Processing (4 to 12+ weeks):
HMCTS checks your application, the will, the IHT position, and your identity. Delays happen if information is missing, values are unclear, a caveat is entered, or further checks are needed.

Grant issued:
Once approved, you’ll receive the grant—either probate (if there’s a will and named executors) or letters of administration (if there’s no will or the executors can’t act). You can then collect assets, pay debts, and sell or transfer property.

Common Causes of Delay—and How to Prevent Them

• Missing or damaged will:
  HMCTS needs the original will, not a copy. Avoid stapling or damaging it. If the original is lost, you’ll need extra evidence and should expect delays.

• IHT returns not in order:
  If the IHT400 schedules are incomplete, or the IHT reference or receipt is missing, HMCTS may pause your application. Double-check that values and totals match across all forms.

• Name mismatches:
  Make sure the deceased’s name, any aliases, and dates match across the will, death certificate, and IHT forms.

• Executor issues:
  If an executor renounces, can’t be found, or lacks ID documents, you’ll need to add the correct statements and evidence. Decide early who will act and make sure everyone’s paperwork is ready.

• Foreign assets or complex trusts:
  Expect extra inquiries and longer processing times. Provide valuations and supporting documents up front.

• Caveats and disputes:
  A caveat stops a grant from being issued. If you anticipate a dispute, see a separate guide on caveats.

Practical Steps to Keep Things Moving

• Prepare a complete asset schedule:
  List all bank accounts, investments, property, pensions, life policies, debts, and funeral costs. Keep statements and valuations handy.

• Check the will carefully:
  Confirm it’s signed and witnessed correctly. Note any codicils and list all executors with their contact details and ID.

• Get realistic valuations:
  Use recent estate agent appraisals for property and obtain balances as at the date of death. For unusual assets—like collectibles, crypto, or business interests—attach supporting evidence.

• Track the application:
  If you applied online, you can view status updates. Respond promptly to any requests for information.

Real-World Examples

• Straightforward excepted estate:
  One property, a few bank accounts, no IHT payable. Grant issued in 6 to 10 weeks once submitted.

• Estate needing IHT400:
  Property plus investments, lifetime gifts to report, valuations needed. Grant typically takes 10 to 16+ weeks.

• Estate with a caveat:
  Dispute about the will’s validity. No grant until the caveat is resolved, which can take months.

Key Takeaway

Most delays are avoidable. Send the original will promptly, complete the IHT position accurately, and pre-empt obvious queries with clear valuations and ID documents. Build a realistic timeline and keep beneficiaries updated throughout. Open communication and careful preparation are your best tools for a smooth probate process.

Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.