Wait for probate hits two months - here's how to avoid delays

Bereaved families could rack up costs and interest on unpaid tax due to months-long waits for probate to be granted.

If you're handling a deceased person's estate, you have to obtain a grant of probate before you can distribute the inheritance.

Executors who apply online for probate have to wait over two months on average for this to be processed, according to the latest data from HM Courts and Tribunal Service (HMCTS). 

Those who submit a paper application have to wait five months (21.1 weeks).

Here, Which? explains what’s causing the delays and how you can avoid them if you need to obtain a grant of probate.

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 died.

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. 

• Find out more: grant of probate explained

How long does it take to get probate?

Of the 26,636 grants of probate issued in March 2023, 21,232 of these were the result of digital applications.

Digital applications are taking an average of 8.2 weeks, according to the latest data available. 

There were 5,405 grants of probate which were applied for using the paper system. These applications took an average of 21.1 weeks to process. 

It can take even longer if an application is stopped by HMCTS because of missing information.

Stopped digital applications took an average of 17.7 weeks; stopped paper applications took more than seven months (29.3).

Probate wait times by application method

What's causing the delays?

The probate service has faced a surge in applications since the beginning of the pandemic and is expecting the death rate to run higher than the five-year average until the end of this summer. 

The worst delays impact applications which are stopped, which can take double the amount of administrative time, according to HMCTS.

When applications are stopped, they’re moved to a separate queue for processing while it waits for the missing information or documents needed. 

It said the most common causes of stopped applications include:

• supporting documents are missing 
• applications have been submitted too soon after sending information to HMRC 
•  a query about the condition of the will

Find out more: DIY probate - how to administer an estate 

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'HMCTS is taking frustratingly long time'

The Law Society of England and Wales said they had been aware of probate services delays ‘for some time’ with members informing them paper applications were taking around five months to be approved.

A spokesman added: ‘HM Courts & Tribunal Service is also taking a frustratingly long time to resolve applications which have been ‘stopped,’ with staff appearing to need more training to be able to handle more complex cases.’

Billy Coughlin, a probate executive for Leathers Prior Solicitors, told us it has an ongoing application that was first submitted in June 2022.

In response, a spokesman from HMCTS said: 'The vast majority of applications are dealt with within seven weeks on average – almost one week quicker than a year ago – and we have hired more staff to meet rising demand.’

• Find out more: probate solicitors explained

What are the knock-on effects?

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

Beyond the emotional strain of not being able to move on with your life, Coughlin warns delays can have ‘serious financial repercussions’ for the beneficiaries. 

Here, are some of the things to watch out for:

Inheritance tax

If inheritance tax is due on the estate then you have six months to make the first payment. Therefore, if someone dies on 1 January, payment is due by 31 July. 

Probate will not be granted until a payment has been made, and you may choose to make this payment upfront.

You can ask banks to pay an IHT bill from the deceased’s current and savings accounts. But if there’s not enough in those accounts, you may have to cover the remainder yourself. 

For some assets, such as shares, you can split the tax bill into 10 annual instalments, so you can get probate granted by only paying 10% of the bill upfront, though interest applies

This would mean the only 10% of the inheritance tax due is payable before probate.

However, HMRC will apply interest to the outstanding balance after six months, which is currently charged at 6.75% (The Bank of England base rate + 2.5%), increasing to 7% from 31 May. 

• Find out more: inheritance tax - how much will I pay?

Extra costs

If a property is subject to monthly service charges then there could be significantly more because of the delays.

You may also have to pay home insurance. Most house insurance policies state if the property is left vacant for more than a set period of time - typically between 30-90 days, then cover will be reduced or withdrawn. 

Therefore you may have to take out an unoccupied house insurance policy.

• Find out more: best and worst home insurance

Problems selling your home

If you are waiting for a grant of probate, it will take longer to sell the property and you may find that potential buyers are unwilling to wait.

• Find out more: how to sell your house

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How to mitigate probate delays

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

Use our step-by-step probate guide

Need help with probate? Download our free checklist from the Which? legal advice service to help you through the process and avoid problems with your application, which can hold it up.

Apply online

Digital applications are processed far quicker on average. If you’re struggling, call the HMCTS digital support helpline on 0330 016 0051.

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

This will give your executors the best chance to be able to submit a digital application which is much quicker than paper applications.

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 or stains.

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