
Beneficiaries still waiting for you to distribute inheritance? Even after probate is granted, the money isn’t released straight away. Executors must follow strict legal steps, and delays are common.
This guide explains the typical timeframe, the reasons some estates may take longer, and what beneficiaries can realistically expect.
Here’s what you need to know about timelines, legal obligations, and common causes of delay.
Under Section 44 of the Administration of Estates Act 1925, executors have a general period of 12 months, known as the “executor’s year”, to gather assets, settle liabilities, and distribute the estate.
During this time, executors cannot be forced to release funds. The law allows this window to ensure proper administration and protect the executor from liability.
Even simple estates can encounter delays. Here are the main reasons for the delay in distributing inheritance:
Before probate is granted, inheritance tax must be calculated and (in most cases) partially paid—often within 6 months of the date of death. Final tax clearances can take even longer for larger or more complex estates.
The size and nature of the estate matter. Debts must be settled, assets sold, and tax liabilities adjusted before anything is paid to beneficiaries. Property sales, for instance, can add significant delays.
If someone entitled to a share can’t be found, executors must take protective steps:
Claimants have 6 months from the grant of probate to make a claim—and up to 4 more months to serve it. Executors typically wait 10 months before distributing, to avoid legal risk.
Funds can’t be released to minors until they turn 18. In these cases, distributions may be held in trust for years.
Yes, unreasonable delays can result in legal consequences. If pecuniary legacies remain unpaid after 12 months, interest may be due, and beneficiaries may challenge the executor’s actions.
Protect the estate, and yourself, with specialist probate insurance:
Ensure the property is adequately insured with Probate Property Insurance, to protect against the risk of underinsurance or gaps in cover for unoccupied homes.
The following Executor Insurance products can help you distribute inheritance quicker:
Section 27 Insurance protects against claims from unknown creditors, removing the need to publish statutory notices and avoiding the standard two-month delay.
Early Distribution Insurance, allows inheritance to be distributed before the six-month window for Inheritance Act 1975 claims ends, with legal protection in place.
The following probate insurance policies offer protection against claims that could have serious financial consequences if no cover is in place:
Whether there is a Will or not, there is always a risk another Will is found. Missing Will Insurance will defend claims, the costs and award to a successful claimant up to the level of indemnity.
Missing Beneficiary Insurance is usually arranged in two situations and provides Insurance against claims from unknown beneficiaries:
There’s no one-size-fits-all answer. Funds might be distributed within a few months for simple estates, but more complex cases can take years. Executors must balance careful administration with a duty not to delay unnecessarily.
Disclaimer: This article provides general information only and should not be taken as legal advice. For personalised support, please consult a qualified probate solicitor.
As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.
Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.
These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.
Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.
Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.
This page is based on original materials provided by IDR Law, with thanks for their permission and collaboration.
Rob Faulkner is a leading expert in executor insurance risk and probate insurance, with nearly 30 years’ experience in the UK insurance market. He is the founder of Insuristic, a specialist provider of probate-related insurance solutions and educational content for executors.
Rob is an ACII Chartered Insurance Broker, a Chartered Manager, and a Member of the Chartered Institute of Marketing. His background spans insurers, brokers, and Insurtechs, always focused on innovation, transparency, simplicity, and fair value.
He’s passionate about helping everyday people, executors, beneficiaries, and law firms choose the right probate property insurance or unoccupied home insurance, without jargon, inflated fees, or hidden commissions.
Rob is especially passionate about product development and improving insurance education through marketing, helping people understand what they are buying. These values sit at the heart of everything we do at Insuristic.
Want to learn more? Visit my author page or follow me on LinkedIn.
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