What Is the 6 Month Rule for Probate?
The 6 month rule for probate actually refers to two separate legal deadlines, not one. The first is the inheritance tax deadline. Any IHT owed must be paid within 6 months of the end of the month in which the person died. Miss this, and HMRC charges interest on the outstanding amount.
The second is about protecting executors from claims. Under the Inheritance (Provision for Family and Dependants) Act 1975, anyone who believes they were left out of a will has 6 months from the grant of probate to bring a claim.
The Law Society recommends waiting an extra 4 months after that window closes, since claimants have 4 months to serve a claim once issued. That means the safe distribution window is roughly 10 months after the grant.
The Law Society recommends waiting an extra 4 months after that window closes, since claimants have 4 months to serve a claim once issued. That means the safe distribution window is roughly 10 months after the grant.
If you distribute early and a claim succeeds, you as executor could be personally liable to repay funds you already handed to beneficiaries.
There is no strict legal deadline for applying for probate itself. English and Welsh law does not impose a hard cutoff. But delays expose executors to IHT interest charges and complaints from beneficiaries.
Many advisers also use "6 months" as a rough timeline from death to receiving the grant of probate. The Probate Registry currently processes straightforward applications in around 4 to 8 weeks, though complex estates take longer. Acting promptly is always the right move.
The Two 6-Month Deadlines, Explained
The phrase covers two separate clocks, and missing either is costly:
- Inheritance tax payment. Any IHT due must be paid by the end of the sixth month after the person died. Miss it and HMRC charges interest on the unpaid amount from that point.
- Claims against the estate. Under the Inheritance (Provision for Family and Dependants) Act 1975, anyone making a claim for reasonable financial provision normally has six months from the date probate is granted to bring it. After that window the court rarely allows a claim.
The two deadlines run from different start dates, the date of death for tax and the grant of probate for claims, so they are easy to confuse. If an estate is approaching either, act early.