Losing a loved one is difficult enough without dealing with legal uncertainty. One of the first questions families ask is how long probate will take, what it costs, and whether there is anything they can do to avoid delays.



The reality is that every estate moves at a different pace. Straightforward estates can progress relatively smoothly, while property sales, Inheritance Tax issues or overseas assets often add extra stages. Good preparation makes a significant difference.

This guide explains how probate works in Birmingham and Solihull, where delays commonly happen, current timescales, typical legal costs, and the practical steps that help executors keep everything moving.

At Blackhams Solicitors, our probate team supports families with both simple and complex estates, including taxable and cross-border matters, while providing clear communication at every stage.

What probate means

Probate is the legal process that gives someone authority to deal with a person’s estate after they die.

If there is a valid will, the executors apply for a Grant of Probate. If there is no will, an administrator applies for Letters of Administration. Both are forms of Grant of Representation.

A grant may be needed when:

• Property was owned solely by the deceased
• Banks or investment providers request legal authority before releasing funds
• The estate includes shares, investments or overseas assets
• Financial institutions exceed their internal release thresholds

Jointly owned property and accounts sometimes pass automatically to the surviving owner, although probate may still be required for other parts of the estate.

If you are unsure whether probate is necessary, speaking with experienced probate solicitors in Birmingham early can prevent unnecessary delays later.

The main stages of probate

Most estates follow four core stages.

Gathering information and valuations

Executors collect details of:

• Bank and savings accounts
• Property values
• Investments and shares
• Debts and liabilities
• Pension information
• Gifts made before death
• Overseas assets where applicable

This stage often takes longer than families expect, especially where institutions respond slowly or property valuations are required.

Inheritance Tax reporting

Some estates qualify as non-taxable and require a simpler return. Others need full Inheritance Tax reporting to HMRC before probate can proceed.

Where tax is due, payment arrangements usually need to be in place before the grant is issued.

Applying for probate

Once the estate information and tax position are confirmed, the probate application is submitted to HMCTS with supporting documents.

Applications can be delayed if:

• Documents are missing
• Figures do not match
• Original wills are incomplete or damaged
• Executors submit incorrect forms

Accurate preparation is one of the biggest factors in avoiding requisitions and unnecessary back-and-forth with HMCTS.

Estate administration

After probate is granted, executors can:

• Collect estate assets
• Pay debts and liabilities
• Sell or transfer property
• Prepare estate accounts
• Distribute funds to beneficiaries

This stage is often affected by property sales, investment encashment times and disputes between beneficiaries.

How long probate takes in Birmingham

Probate applications in Birmingham and Solihull are processed through the national HMCTS probate system, so timings follow national workloads rather than local courts.

As a general guide:

• Straightforward non-taxable applications may be processed within several weeks after submission
• Estates involving Inheritance Tax usually take longer
• Simple estates commonly complete within 8 to 12 months overall
• Taxable, property-heavy or international estates may take 12 to 24 months or longer

Property sales are one of the most common causes of extended administration periods.

At Blackhams probate solicitors, we work to reduce delays by reviewing documents early, coordinating valuations quickly and preparing detailed applications designed to minimise HMRC and HMCTS queries.

What probate costs in the UK

Probate costs depend on the size and complexity of the estate and the level of legal support required.

Grant-only probate services

A grant-only service is suitable where executors intend to handle the administration themselves after probate is issued.

Typical fees at Blackhams include:

• From £3,000 plus VAT for straightforward estates with simple tax returns
• From £4,000 plus VAT where more complex tax reporting is needed

Full estate administration

For full administration, solicitors handle the process from start to finish, including tax, asset collection, estate accounts and distributions.

Blackhams’ full administration fees are typically:

• Around 2.5% of the gross estate value
• Minimum fee of £4,000 plus VAT
• Minimum £5,000 plus VAT where Inheritance Tax calculations are required

Additional disbursements

Third-party costs are payable separately and can include:

• HMCTS probate application fee (£273)
• Official copies of the grant
• Bankruptcy and Land Charges searches
• London Gazette notices
• Property insurance
• Land Registry documents
• Asset tracing or share valuation fees

A written estimate should clearly explain legal fees and disbursements before work begins.

Is probate quicker with a solicitor?

A solicitor cannot control HMCTS or HMRC processing speeds, but professional preparation often helps estates progress more smoothly.

An experienced probate solicitor can help by:

• Preventing application errors
• Preparing accurate tax submissions
• Coordinating valuations efficiently
• Managing deadlines
• Handling communication with institutions
• Reducing the risk of requisitions or rejected applications

This is particularly helpful where estates include property, business assets, trusts or overseas elements.

Families often also benefit from practical support during a difficult period, especially when multiple beneficiaries or executors are involved.

Understanding the six-month probate rules

There are two important six-month timeframes families should understand.

Inheritance Tax deadlines

Inheritance Tax is generally due by the end of the sixth month after the month of death. Interest can accrue on unpaid tax after this point.

Claims against the estate

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain claims against the estate should usually be issued within six months of the probate grant.

For that reason, executors often avoid making final distributions immediately after probate is granted.

Practical ways to avoid delays

Preparing documents early can save significant time during probate.

Documents to gather

Executors should try to locate:

• Original will and codicils
• Death certificate
• Photo ID and proof of address
• Bank statements and investment records
• Property details and valuations
• Insurance information
• Pension information
• Debt and loan balances
• Funeral invoices
• Details of lifetime gifts
• Overseas asset information

Where a property becomes empty, insurers should be informed immediately to maintain valid cover.

Probate for complex and cross-border estates

Some estates require more detailed legal and tax work, including:

• Overseas assets
• Foreign beneficiaries
• Business interests
• Trust arrangements
• Multiple properties
• Inheritance Tax planning
• Agricultural or business relief claims

Our team supports families with both probate administration and longer-term estate planning strategies.

If you are reviewing your own affairs after dealing with probate, our will solicitors in Birmingham can also help ensure your wishes are clearly documented and tax-efficient.

FAQ

How long is probate taking in Birmingham?

Straightforward estates are often processed within several weeks after submission, although full administration usually takes 8 to 12 months. Complex or taxable estates commonly take longer.

Who decides if probate is needed?

The requirement depends on the legal ownership of assets and the policies of banks, investment providers and other institutions holding those assets.

Is probate quicker with a solicitor?

A solicitor cannot speed up HMCTS directly, but accurate preparation and active management often reduce delays and help estates progress more efficiently.

How much does probate cost in the UK?

Costs vary depending on complexity. Grant-only probate services commonly start from around £3,000 plus VAT, while full administration is often charged as a percentage of the estate or a minimum fixed fee.

What is the six-month rule in probate?

Inheritance Tax is generally due within six months of the end of the month of death. Certain legal claims against the estate must also usually be issued within six months of the probate grant.

Speak to Blackhams about probate support

Probate is easier to manage when the process is organised early and documents are prepared properly from the start. Whether you are dealing with a straightforward estate or a more complex matter involving property, tax or overseas assets, clear legal guidance can make the process less stressful.

For advice on probate, estate administration or future planning, contact the team at Blackhams Solicitors Birmingham.