Is There a Time Limit to Apply for Probate?

There is no time limit for applying for probate in England and Wales. You will not be fined for applying late, and GOV.UK sets no deadline.¹ What does run on a clock is the tax: Inheritance Tax is due by the end of the sixth month after the death, and interest starts after that.²

Many people put probate off for a while after a death, and that is understandable. Nobody should feel rushed in the first weeks. This guide sets out which dates are real deadlines, which are only practical pressure, and what waiting actually costs, so you can choose your own pace.

Is there a legal deadline to apply for probate?

No. Neither GOV.UK nor the probate rules set a date by which an executor must apply.¹ Some families apply within weeks. Others wait a year or more, for example when a surviving spouse lives in a jointly owned home and nothing needs selling yet.

Not applying is not penalised in itself. The cost of waiting comes from the assets that need a grant. A bank will not release a balance above its own limit, and a house in the person's sole name cannot be sold or transferred without one. GOV.UK also warns against making financial plans or putting a property on the market before probate is granted.¹

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Which deadlines do apply?

How soon after a death can you apply?

You can apply as soon as you know what the estate is worth. For most estates no Inheritance Tax is due and no full report is needed. GOV.UK calls this an "excepted estate", and you can apply for probate straight away.³

If Inheritance Tax is due, you report the estate to HMRC on form IHT400 first. HMRC then sends a code that you need before you apply.³ You normally have to pay some of the tax before the grant is issued.¹ Our guide to paying Inheritance Tax before probate explains how executors raise that money while the accounts are frozen.

Worked example: the dates for one estate

Margaret dies on 10 March 2026. Her estate is worth £410,000, including her house in her sole name, and she leaves everything to her two children.

• Inheritance Tax. The sixth month after March is September, so any tax is due by 30 September 2026. Interest is charged after that.² (Whether tax is due depends on her allowances. Leaving a home to children can raise the threshold to £500,000; see our nil-rate band guide.)
• IHT400. If a full report is needed, it must reach HMRC by 10 March 2027, and before the probate application.³
• Probate. No deadline. Her son applies in June, and GOV.UK says the grant usually arrives within 12 weeks.⁷ Say it is issued on 1 September 2026.
• Family claims. The 6-month window runs from the grant, so it closes on 1 March 2027.⁴ The executor holds back the final distribution until then.
• Council Tax. The empty house is not charged until the grant, and may be exempt for up to 6 more months after it while it remains in Margaret's name.⁶

What does waiting cost?

• Interest on unpaid tax. HMRC charges interest from the due date, even if the delay was not your fault.²
• A longer claim window. The 6-month period for family claims starts only once a grant is taken out, so a late application keeps the estate open longer.⁴
• An empty property. An unoccupied home can need different insurance. Ask the insurer what applies once the home is empty.
• Lost paperwork and memory. Statements, valuations and details are easier to collect while they are fresh.

Late applications are still accepted. If the death was many years ago, or the original executor has since died, the application can be more involved. That is a good moment to take professional advice.

What should you do first?

1. Register the death and order enough certificates. See how many death certificates you need.
2. List every asset and debt, and ask each bank whether it needs a grant. See do I need probate?
3. Work out whether Inheritance Tax is due, using our Inheritance Tax calculator as a first check.
4. Apply online or by post. See how to apply for probate and how long probate takes.

Frequently asked questions

Is there a time limit for applying for probate?

No. There is no legal deadline in England and Wales.¹ The pressure comes from Inheritance Tax (due by the end of the sixth month after the death)² and from IHT400 (within 12 months, where a report is needed).³

How soon after a death can you apply for probate?

As soon as the estate has been valued. If it is an excepted estate, you can apply straight away. If tax is due, you report it to HMRC first and wait for the code HMRC sends you.³

What happens if you never apply for probate?

There is no fine for the delay itself, but assets that need a grant stay frozen. Interest builds on any unpaid Inheritance Tax,² and the window for family claims does not start until a grant is taken out.⁴

When does the six-month claim period start?

From the date the grant is first taken out. Later claims need the court's permission. A claim can also be made before the grant is issued.⁴