Update on probate delays and how to avoid a stopped application

Losing a loved one is an emotionally challenging experience, and for many families in the UK, this is compounded by delays in the probate process. In 2024, Personal Representatives (PR) are increasingly facing extended waiting periods to distribute estates, which has brought new financial and emotional stress. Here’s what you need to know if you find yourself dealing with estate administration and probate this year.

Why are there probate delays?

If you’re trying to obtain a Grant - a crucial step in estate administration  - you may be surprised by how long the process has been taking. The Probate Registry initially aimed to handle applications in just 4 weeks. However, due to various challenges, including system centralisation, reduction in experienced staff, staff shortages, and the aftershocks of the COVID-19 pandemic, this timeline has now extended to 16 weeks. Some applications may even take longer.

This can be particularly frustrating for PRs and beneficiaries, as many estate-related tasks, such as selling property or settling debts, cannot move forward without the Grant.

Previous guidance on GOV.UK stated the average timeframe for a Grant was 8 weeks. However, this now states that Grants of Representation can take up to 16 weeks once an application has been submitted. It also states that delays can be experienced if additional information is required. It’s important to highlight that these timeframes are applicable once a Grant application has been processed by the Probate Registry; unfortunately, weeks can pass before paperwork is initially reviewed for the first time. Although digital applications prove to be quicker than paper applications, the paperwork and information required are the same – therefore, there is no clear explanation for why one method produces a quicker result than the other.

Inheritance Tax (IHT) headaches

The delays in probate also create a financial burden, especially when it comes to Inheritance Tax (IHT). PRs are legally required to pay IHT within six months of the deceased’s death. If it’s not paid in time, interest begins to accrue—currently at a rate of 7.5%. The catch? PRs often can't access the necessary funds from the estate without probate.

Some asset holders allow the release of funds directly to HMRC to cover IHT, but this isn’t always possible. It’s important for PR to explore whether this is an option early in the process to avoid being caught off guard.

Digitalisation: A blessing or a curse?

The UK's attempt to digitise the probate system was meant to streamline the process, but it has faced significant hurdles. While moving online could theoretically reduce wait times and paperwork, teething problems have slowed things down further. Some applications still require paper documents, which adds to the backlog.

PR should be diligent in ensuring all paperwork is correctly completed and submitted, as even small errors can result in further delays. It's also crucial to track any documents sent to the Probate Registry to avoid setbacks.

From a visit our Legal Services Director, Charlotte Toogood had at the central Probate Registry back in July it is clear that the registry want to improve the online experience and offer this to more estates however this is taking time which is frustrating for PR’s as it can really impact the time to get a Grant if a paper application is required.

The mental health toll

Beyond the financial and administrative struggles, the emotional toll of probate delays cannot be overstated. According to the 2024 Bereavement Index, 91% of people found at least some aspects of the estate administration process stressful, with 56% of PRs reporting that the process took much longer than they had anticipated.

Many bereaved individuals are already dealing with grief, and these prolonged legal processes can add unnecessary emotional strain. Families often feel left in the dark, unsure of when they’ll be able to settle estates and move forward with their lives.

Information was given in a precise way, listing all necessary paperwork that needed to be prepared and sent to them. Any questions I had were quickly answered. Probate takes time and you need to wait, but once granted, you can get on with life again.” – Trustpilot review from Clive

What are the most common causes for stopped Grant applications?

There are some common causes for stopped applications. A blog by MyHMCTS, the online case management tool managed by HMCTS for legal professionals, states that stopped applications can double the time taken to issue a Grant. According to the blog, stopped applications are commonly caused by:

• Missing documents. Delays to Grant applications are caused when the required supporting documents are not submitted at the same time as the application. Power of Attorney and Inheritance Tax forms are reported as common missing documentation.
• Missing Inheritance Tax (IHT) information. As IHT is administered by HMRC, it takes approximately 20 days for form IHT421 (if applicable) to reach HMCTS to process an application. If a probate application is received before this, the application will be delayed.
• Missing Executors. Applications must include all the Executors of an estate, and it is a requirement to disclose why an Executor is not applying. For example, disclosing that an Executor has predeceased.
• Queries about the Will’s condition. To mitigate the risk of fraud, staple holes, rips, missing pages, or stains may be queried.

What happens when a Grant application has been stopped?

If a Grant application comes to a halt for any of the reasons stated above, the application is submitted to an alternative queue until the required information or documentation has been submitted. If a legal practitioner is administering the estate, they will be alerted of the stopped application and will be informed of the requirement before it can be further processed.

What can you do?

While the probate system faces its challenges, there are steps you can take to minimise delays and ease the process:

• Seek Professional help: At Kings Court Trust we specialise in probate and estate administration, so we can help ensure that all documents are correctly submitted and can provide guidance on how to expedite the process;
• Prepare early: Gather all necessary documents as early as possible, including the Will, Death Certificate, and details of the estate’s assets;
• Communicate with beneficiaries: Make sure all beneficiaries are aware of the potential delays and complexities involved, so there are no unrealistic expectations;
• Track documents: If you choose to deal with estate administration yourself, when sending any paperwork to the Probate Registry, ensure you use a tracked or signed-for delivery method to avoid any issues with lost documents.

I needed to get UK probate for UK assets in a non UK estate. I contacted several solicitors and Kings Court Trust (KCT)- a call with Claire at KCT reassured me they had the expertise and quoted a fixed price (which the solicitors wouldn't). My Personal Estate Manager kept me fully informed, contacting me by phone and following up by email. I'd have no hesitation in recommending KCT for anyone dealing with probate.” – Trustpilot review from Mary

The registry have got a lot better over the last 3 months and their timescales are reducing,  so hopefully 2025 will be the year where probate delays aren’t anymore. This process can be a lengthy and complicated one, but staying informed and prepared can help you navigate the road ahead. If you’re facing probate delays, get in touch and we can help you explore all your options to mitigate the challenges of settling an estate.

Alternatively, if you are yet to apply for probate, a professional estate administration specialist, such as Kings Court Trust, can take on this burden for you. Kings Court Trust is an estate administration provider that offers award-winning solutions to support every family. Whether you need a hand obtaining the Grant of Probate, completing the complicated tax and legal work, or anything in between, you’re in safe hands with our team of specialists. Learn more about our estate solutions for Executors or Administrators.

If you have any questions about the estate administration process, including applying for a Grant of Representation, call our Client Services Team on 0300 303 9000 or fill in the form below.