Probate delays: Average wait for a paper or digital application to be processed is 13.7 weeks, according to official figures
Probate fees are to to be hiked 10 per cent to £300, as families wait nearly more than three months on average for this vital step to be completed after a bereavement.
The average application time is little changed in recent months at 13.7 weeks.
That has shortened since the almost four months probate took last autumn, according to the latest official figures.
However, the number of cases taking six months or more soared 112 per cent between 2020 and 2023, according to figures obtained from the Government under a freedom of information request by financial firm Quilter.
And lawyers report application times are now ‘a bit of a lottery’ and they can’t give people a certain answer on how long the process will take.
Applying for probate is an important step to gain control over an estate after someone dies, allowing executors to access bank accounts, settle debts and sort out bequests.
But lawyers and other inheritance professionals have claimed bereaved families are suffering hardship and house sales are falling through due to probate delays.
A damning report handed to MPs, who are investigating long waits experienced by relatives sorting out estates, accused the Government’s probate service of being error-prone and lacking in experienced staff.
Meanwhile, the Government plans to increase fees from £273 to £300 from next month. The last increase was 27 per cent in January 2022.
Probate fees are waived for estates worth no more than £5,000, but otherwise a flat fee is applied.
That is after a controversial plan to introduce a sliding scale – which would have imposed rises of up to 9,200 per cent on the largest estates – was dropped after a backlash a few years ago.
> Are you executor to a will? Read our guide to applying for probate and scroll down for further expert tips
Source: Quilter, which analysed official figures obtained under a freedom of information request
‘It’s a bit of a lottery how long any particular application now takes before the probate is granted,’ says Jo Summer, a spokesperson for the STEP organisation for inheritance professionals, who gave evidence and suggestions for improvements to MPs at a recent hearing.
‘More complex applications, particularly those done on paper, definitely take longer than the simpler digital applications. However, you can also send two similar applications at the same time and one takes far longer than the other.
‘There is no certain answer we can give people when they ask us how long the process will take.
How to be a successful executor and win compensation from bungling banks and businesses
In a three-part series, retired judge Stephen Gold explains the frustrating process that eventually saw him force a string of banks, finance firms and institutions – including the probate service – to pay compensation.
After successfully adding many hundreds of pounds more to his late aunt’s estate, he offers a guide to follow for any readers facing the ordeal of sorting out a deceased loved one’s finances.
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‘Some practitioners have received probates back within two to four weeks. There was even a remarkable case where probate came back after nine days. Others, meanwhile, are still awaiting a response from the Probate Registry 18 weeks after filing.
‘It’s worse in cases where the application is from a trust company or where the executors have appointed someone to act as their attorney in obtaining the probate.’
Summers says the best scenario now would be a guaranteed period for probate even if it was longer, as this would be much better than the complete uncertainty over timing at present.
Regarding the pending rise in the charge to £300, she adds: ‘With the huge backlog of unprocessed applications in the system, significant uncertainty and inconsistency around when probate is likely to be granted and bereaved families in financial and emotional limbo, it may not be the best time to be increasing fees.’
Shaun Moore, tax and financial planning expert at Quilter, says: ‘In the midst of grief, executors — often close kin or friends — face the added burden of navigating the probate maze. The increasing length of time it is taking HMRC to grant probate will just add to the stress of the process.
‘With probate wait times soaring, the emotional toll intensifies. Despite there being an increase in the number of people submitting their paperwork digitally it is clear that HMRC is struggling to keep up with the workload causing these longer wait times.
‘This can have huge ramifications for a family. It is natural that more complex estates will take longer for probate to be granted but the increases in wait times across the board is cause for concern.’
The Ministry of Justice was asked for comment but did not respond by the time of publication.
> EIGHT ways probate delays can cause problems for grieving families – see below
How do you make probate applications go smoothly?
Shaun Moore of Quilter gives the following tips.
– Having your estate as organised as possible is the best course of action. This can include making a will, using trusts, and moving assets out of the estate so that they’re not part of the probate process.
– For example, you can place life insurance policies in trust. Upon death, the life insurance benefits are paid to the trustees and can be distributed, prior to probate, as per the terms of the trust.
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– Lifetime gifts remove an asset from your estate for probate purposes but a gift made seven years prior to your passing may also help reduce any Inheritance tax liability.
– To apply for grant of probate you will need the deceased’s original will and death certificate, and to find out the total value of the deceased’s assets and liabilities.
What impact do probate delays have on families?
Quilter warns long waits for probate can have the following adverse effects.
Financial strain: When probate is delayed, the deceased’s assets, including bank accounts, remain frozen. This can prevent beneficiaries from accessing funds they may be relying on for living expenses, creating financial stress.
Property and asset management: Properties that remain in the deceased’s name cannot be sold or properly managed without probate. This can lead to issues such as homes falling into disrepair, depreciation of property value, or missed opportunities to sell assets at a favourable time.
Investment risks: Investments held by the deceased cannot be managed or reallocated without probate. This inaction can lead to missed investment opportunities or losses if the investments depreciate in value during the delay.
Tax liabilities: Estates are sometimes subject to various taxes, such as inheritance tax, income tax, or capital gains tax, depending on the jurisdiction. Delays in probate can lead to late payment penalties or interest charges. Furthermore, executors might miss deadlines for tax advantages due to delays.
Distribution delays: Beneficiaries waiting to receive their inheritance may face financial or personal difficulties. Delays can strain family relationships, especially if beneficiaries feel the process is not being managed efficiently.
Legal challenges: Prolonged delays in probate might lead to increased chances of disputes or challenges against the will. This could further delay the distribution of the estate and incur additional legal costs.
Utility bills and debts: Ongoing expenses such as utilities, insurance, and mortgages need to be paid. Delays can complicate the management of these bills, potentially leading to lapses in insurance coverage.
Emotional stress: The period following a death is already a difficult time for friends and family. Delays in the probate process can add to the emotional strain, prolonging the period of uncertainty and making it harder for everyone to find closure.
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