Probate helpline opening hours cut extended – what you need to know

HM Courts and Tribunal Service (HMCTS) has extended its reduced opening hour trial for the probate helpline 'until further notice'. 

Back in mid-February, HMCTS cut the hours for the helpline in half for 12 weeks initially, so staff could be redeployed to help process applications during a period of 'increased demand'.

This week HMCTS confirmed to Which? this has been extended until further notice and will be reviewed in six weeks. 

This means relatives chasing updates from HMCTS will need to call the helpline in the morning before it closes at 1pm. 

Here, Which? explains what the changes mean for you, how long it currently takes to get probate, and five tips on how to avoid probate delays.

What is probate?

Probate is required for all but the smallest estates. Without it, executors aren’t able to distribute the estate of a person who’s passed away.

A Grant of Probate is often requested by financial institutions to access bank accounts, sell assets and settle the debts of someone who has died.

Once it’s granted, the executor will have the legal authority to administer the deceased's estates in accordance with their will.

In May, HMCTS increased probate application fees in England and Wales by 10%, to £300 per application. 

• Find out more: what is probate?

What’s happening with the helpline?

The helpline will continue to run reduced hours, opening from 9am–1pm Monday to Friday. Previously, the helpline was open until 5pm during the working week.

HMCTS told Which? demand 'remains high' so it would be extending this temporary measure until further notice. These arrangements will be reviewed every six weeks. 

A spokesman said: 'Most digital probate applications are processed in around nine weeks and we have recruited more staff to deliver further improvements – resulting in record numbers of grants being issued in recent months. 

'As demand remains high, we have decided to extend the temporary measure of moving staff off our phone lines so they can continue to help process applications more quickly.'

People can continue to submit probate applications in the usual way, and can access the webchat all day. Applications can also be tracked on the Gov.uk website.

• Find out more: DIY probate – how to administer an estate

‘There needs to be sustained improvements to probate service’

In response to the revised hours announced in February, the Law Society of England and Wales said it had long highlighted concerns around performance and the level of expertise among staff. 

President Nick Emmerson said: ‘We recognise HM Courts and Tribunals Service’s efforts in reducing delays and cautiously agree with the temporary reduction of probate enquiry line opening hours in order to address a forecasted peak in applications.’

Probate applications tend to increase in the winter months due to a higher mortality rate. 

Emmerson added: ‘HMCTS must ensure there is a strong workforce with the required knowledge and expertise to handle both digital and paper applications. Without a new level of staffing, the change in probate enquiry line opening hours will be in vain and our members’ clients will continue to suffer.’

• Find out more: probate solicitor fees explained

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How long does probate take?

The Law Society said it had been aware of significant delays to the probate service for some time, with members citing delays of more than 30 weeks.

According to the latest monthly statistics from HMCTS, probate applications took an average of 11.3 weeks in March – down from 13.7 in February, and 15.8 weeks in November when they hit their peak. 

Paper applications took just shy of six months on average (23.7 weeks), which is far longer than digital applications, which took an average of two months (8.8 weeks). 

The worst delays impact applications that are stopped. When applications are stopped, they’re moved to a separate queue for processing, while waiting for the missing information or documents needed.

Digital applications that were stopped took 21 weeks in March, and stopped paper applications took 33.9 weeks on average.

What's being done to speed up delays?

HMCTS told Which? it has hired and trained more staff to deliver sustained improvements, and record numbers of grants were issued in October and November with more than 27,000 each month.

It said the majority of applications were being processed in 12 weeks on average. 

Back in November, the House of Commons launched an inquiry into probate delays. The cross-party committee of MPs will take evidence on:

• Capacity, resources and delays across the probate service
• The impact of digitisation, including the effectiveness of the probate portal
• People’s experiences, including how beneficiaries, executors and the bereaved are supported through the process and protected from ‘rogue traders’ 
• Fees and thresholds.

Find out more: probate inquiry launched over delays 

5 ways to avoid probate delays

Although probate delays are largely out of your hands, there are some things you can do to give your application the best chance of being processed quickly. 

1. Use our step-by-step probate guide

You can download a free probate checklist from the Which? legal advice service to help you through the process and avoid problems with your application that can hold it up.

2. Make a will and keep it updated

If you’re worried about your own estate and how delays might affect your family, you should make sure you have an up-to-date will.

• Find out more: how to make a will

3. Keep a paper will in good condition

According to HMCTS, it will stop applications that have unexplained changes to the condition of the will, to reduce the risk of fraud. 

Changes it looks out for include staple holes, rips and stains.

4. Apply online

Digital applications are processed far quicker on average. HMCTS said around 80% of applications were now completed digitally. 

5. Get help to avoid mistakes

If you’re struggling, you can call the HMCTS digital support helpline on 0330 016 0051. The helpline will operate from 9am– 1pm Monday to Friday for at least the next 6 weeks, but the webchat can be accessed all day.

For advice at any stage, join the Which? legal advice service here. It costs £9 a month, with a £29 upfront fee (or £99 a year all-in). You can cancel at any time.

This story has been updated since it was first published in February. It was last updated on 10 May with details of the extended reduced opening hours of the probate helpline.