Walk down almost any street in London and there’s a chance one of the houses you pass belongs to nobody. Its owner may have died weeks or months ago, and the property is now frozen in a legal holding pattern while the probate process grinds on. The family can’t sell it. In many cases, they can’t even fully access the estate to pay the bills.
There’s a lot to unpack here, and the numbers behind it are more significant than most people realise. Read our full article to find out what’s driving the problem and what it means for the people left to deal with it.
How Many London Homes Are Caught in Probate?
The scale of the problem in the capital is significant. According to government statistics, there were 38,386 long-term empty homes in London in 2024, and the owner dying is nationally the largest single category of exempt empty property, accounting for more than 124,000 homes across England.
From April 2025, councils gained new powers to charge a second homes premium of up to 100% on top of standard council tax, though properties in probate benefit from a new 12-month exemption from the long-term empty premium, running from the date probate is granted.
These aren’t homes that owners have chosen to leave empty out of laziness or investment strategy. They’re properties stuck in a process that, even after recent improvements, still takes months to resolve.
Why Probate Takes So Long in London
Probate, the legal process of proving a will and authorising an executor to deal with the estate, peaked at an average of 15.8 weeks from submission to grant in November 2023. Things have improved significantly since: HMCTS data shows the average for digital applications had fallen to around 4.9 weeks by mid-2025 for clean submissions, with paper applications taking around 12 weeks.
But that’s just the grant itself. The full administration of an estate, including selling or transferring a property, typically takes between six and twelve months in total for a straightforward estate, and between nine and eighteen months where property is involved. London’s conveyancing chains, valuations, and inheritance tax complications push many cases towards the longer end of that range.
Paper-based applications are still taking considerably longer than digital ones. And if an application is flagged and enters the “stop queue”; held up by missing documents, errors, or queries from HMRC, that wait can stretch into many additional months.
It’s worth noting that inheritance tax must be paid by the end of the sixth month after the person died, so a death in January means payment is due by 31 July, regardless of where the probate application sits, meaning executors in London are often scrambling to fund a tax bill before they can even access the estate to pay it.
What It Costs the Executor
Being named as executor in a London estate is no small responsibility, and it often comes with real financial pressure. The average total probate cost sits at around £2,626, though for larger or more complex estates, which are common in London given average property values, solicitor fees can run to several thousand pounds more. Solicitors typically charge between 1% and 5% of the estate’s gross value, which on a London property worth several hundred thousand pounds adds up quickly.
Until the Grant of Probate is issued, the executor often has to fund costs from their own pocket:
- Utility bills
- Maintenance
- Council tax
- Insurance
Insurance for Probate Homes
For this reason, taking out specialist insurance for probate homes is something many executors arrange early. Most standard home insurance policies only cover vacant properties for around 30 days before cover lapses or becomes restricted, a fraction of the time a London property could sit empty during the probate and sale process, though some policies extend this to 60 days. Checking the exact terms of any existing policy at the outset is essential.
The Risks a Vacant Property Faces
An empty home isn’t a passive one. Without someone living there, the risks that most home insurance is designed to cover become far more likely. Burst pipes can go unnoticed for days or weeks. Break-ins and vandalism are more common in properties that appear unoccupied. Subsidence, pest damage, and leaks can all develop without being spotted.
This is particularly relevant in London, where a high-value property sitting empty in a densely populated area can be an obvious target. Some executors make regular visits to check on the property, but that’s not always practical, especially for out-of-area family members managing a large estate from a distance.
What Executors Should Know From the Start
If you’re dealing with a London probate estate that includes property, there are a few things worth acting on early:
- Apply for probate as soon as possible after registering the death and obtaining the death certificate
- Use the digital online application system where you can, as it’s significantly faster than paper
- Get the property properly valued early, as this is required for both the probate application and any inheritance tax return
- Arrange appropriate probate insurance from the outset, before the standard policy’s vacancy clause kicks in
- Keep a full record of all costs you pay from your own funds so they can be reimbursed from the estate
Delays often compound each other. An inheritance tax query at HMRC can push back the grant, which pushes back the sale, which pushes back the date funds reach the beneficiaries.
Signing Off
Probate in London is a slower, more expensive, and more logistically complex process than most executors expect going in. The properties that sit empty during this time are not the result of owners being careless or speculative, they’re caught in a legal system that, while improving, still moves at its own pace.
For the families involved, managing that waiting period well, including making sure the property is properly protected throughout, is one of the few things within their control.
