What happens if probate is delayed?
While probate is delayed, the estate is effectively frozen. Property cannot be sold or transferred and large balances cannot be released. Crucially, inheritance tax is still due within six months of death — after that HMRC charges interest, even though the grant has not yet issued. Beneficiaries wait longer, and any empty property must keep being insured and maintained at the estate's cost.
Detailed explanation
Delay in obtaining or progressing probate has real consequences, even though there is no strict legal deadline to apply for the grant itself.
The estate is frozen. Without a grant, executors usually cannot sell the deceased's house, transfer shares, or access large bank holdings. A falling property market or a buyer pulling out can cost the estate money.
Inheritance tax interest builds up. Inheritance tax is due by the end of the sixth month after the month of death. If it is not paid by then, HMRC charges interest on the outstanding amount until it is paid — and on many estates the grant cannot issue until at least the first instalment of tax is dealt with. This creates a squeeze: tax is due before the assets to pay it can be freely accessed (though tax on property can often be paid in instalments).
Ongoing costs and risks. An empty property must be insured (often on a specialist unoccupied policy), maintained and secured. Utility bills, ground rent and service charges continue. Assets may lose value, and beneficiaries — sometimes relying on their inheritance — are left waiting.
Executor exposure. Executors have a duty to administer the estate within a reasonable time, traditionally the "executor's year." Unreasonable delay can expose an executor to complaints or a beneficiary application to the court.
Following his father's death in January, Sam delays valuing the estate and applying for probate until the autumn. By then, inheritance tax that fell due in July is accruing interest, the empty house has needed emergency repairs and insurance, and his sister, a beneficiary, is frustrated at the wait. Acting promptly — valuing assets early and applying online — would have avoided most of these costs.
Sources
- HMRC — Pay your Inheritance Tax bill (deadlines and interest)
- GOV.UK — Applying for probate
- Ministry of Justice — probate processing times (2025/26)
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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