Probate processing time update

Applying for Probate is an essential step in administering the estate of a deceased person, but recent delays have made it more challenging for many families. This article explores the current state of probate processing times, the factors causing delays, and offers practical advice on how to ensure your application progresses without delay.

Since the introduction of online probate applications, processing times have become very slow. This change unfortunately coincided with the beginning of the Pandemic, and as a result even the most straightforward applications have been delayed. This has caused significant inconvenience and upset to many people using the Probate Service, part of His Majesty’s Courts and Tribunals Service (HMCTS).

Probate is the legal process for confirming who will administer the estate of someone who has died. The application results in the issue of a certificate (the Grant of Probate) which is required for the sale of a deceased person’s property and the collection of investments and other assets.

A recent update from HMCTS indicates that in July 2024 the average time to process an application for probate is 9.3 weeks, compared to 14 weeks just 12 months earlier.  HMCTS also announces that the number of applications processed has increased by almost 50 percent.

This is good news for many families seeking probate. In fact, we are finding that online probate applications, when correctly lodged, are being processed in about four weeks.  However, online applications are limited to relatively simple cases. If your situation is even a little more complicated, processing times remain stubbornly long.  Such applications must be made on paper and examples include:

• Cases where a person dies without a Will, and there is more than one relative entitled to administer the estate (for example, the children of a deceased parent).
• Cases where all the executors named in the will have died.
• Applications relating to lost or damaged Wills. 

Given the above, what can be done to speed the process and minimise delays?

1. Ensure there is a correctly drafted Will that is kept up to date.
2. Seek professional help with your application for Probate to ensure it is correctly prepared and sent to the appropriate offices.

The Machins Private Client Team can provide all the support and guidance that you need if you are responsible for handling the affairs of someone who has died.  The Team will guide you through the whole process, including assessing whether Inheritance Tax is due, preparing the probate application, collecting the assets, paying debts and legacies and then distributing the estate to those who are entitled to share.

To learn more about our probate services please click on our dedicated web pages.