When someone dies, there are many legal and practical steps that must be taken before their estate can be administered and distributed. One of the most important of these steps is obtaining probate. However, probate is not always granted immediately. Delays can occur for a variety of reasons, ranging from administrative backlogs to complications within the estate itself. When probate is delayed, it can have significant consequences for executors and beneficiaries, affecting access to assets, property transactions and the overall administration process. Understanding what happens when probate is delayed can help families prepare for potential issues and take steps to minimise disruption.
Probate is the legal process that confirms the authority of an executor to deal with a deceased person's estate. The grant of probate is issued by the probate registry and provides formal confirmation that the executor has the right to collect assets, settle debts, deal with tax matters and distribute the estate in accordance with the will.
Without probate, many organisations will not release funds or transfer ownership of assets. Banks, investment providers and the Land Registry typically require sight of the grant before allowing executors to access accounts, sell property or complete asset transfers. Probate therefore plays a central role in ensuring estates are administered lawfully and correctly.
Gary Kiely - Director - Probate, Wills and LPAs, Private Client, explains:
'When probate is delayed, executors are often unable to access key assets or move forward with important administrative steps. This can create uncertainty for beneficiaries and practical difficulties, particularly where property needs to be sold or financial obligations must be met. Early preparation and professional guidance can help reduce the risk of delays and ensure the estate is administered efficiently.'
Probate delays can arise for several reasons. Some delays are administrative and outside the executor's control, while others result from issues within the estate or the probate application itself.
One of the most common causes of delay is incomplete or incorrect application paperwork. Probate applications require detailed information about the deceased's assets, liabilities and tax position. If forms are filled in incorrectly or required documents are missing, the probate registry may request further information before proceeding.
Inheritance tax matters can also delay probate. In estates where inheritance tax is payable, executors must submit the appropriate forms to HMRC and arrange payment, either in full or by instalments where permitted. Probate will not usually be granted until HMRC confirms that the tax position has been addressed.
Delays may also occur if there are questions about the validity of the will. If the will is unclear, improperly executed or challenged by a potential beneficiary or family member, probate may be paused until the issue is resolved.
Administrative backlogs within the probate registry can also contribute to delays. Although processing times vary, complex estates and periods of high demand can increase waiting times significantly.
When probate is delayed, executors' authority to deal with the estate is limited. Although executors are named in the will, their legal authority to act fully is only confirmed once probate is granted.
This means executors may not be able to:
- Access funds held in the deceased's sole bank accounts
- Sell or transfer property owned solely by the deceased
- Close investment accounts
- Distribute assets to beneficiaries
However, executors can still take certain preliminary steps. They can notify financial institutions of the death, gather information about the estate, secure property and ensure assets are protected. They may also arrange the funeral, which can often be paid directly from the deceased's bank account before probate is granted.
Protecting estate assets during this period is an important responsibility.
Executors must ensure that property is secured, insured where necessary, and properly maintained until probate allows further action.
Probate delays can be frustrating and stressful for beneficiaries, particularly where they are expecting to receive funds or property within a certain timeframe. Until probate is granted, beneficiaries generally have no legal right to receive their inheritance.
This can cause practical and financial difficulties, especially where beneficiaries were relying on inherited funds to cover expenses such as mortgage payments, care costs or other financial commitments.
Clear communication from executors during probate delays is essential. Keeping beneficiaries informed about progress and explaining the reasons for delays can help manage expectations and reduce tension.
It is important for beneficiaries to understand that delays are often unavoidable and do not necessarily indicate wrongdoing or mismanagement.
One of the most significant consequences of probate delay relates to property. If the deceased owned a property solely in their name, probate is required before it can be legally transferred or sold.
This means that:
- Property sales cannot be completed until probate is granted
- Buyers may withdraw if delays are prolonged
- Property chains may collapse
- Ongoing costs such as insurance, utilities and maintenance must still be paid
Executors remain responsible for ensuring the property is protected during this period. This includes maintaining insurance coverage and taking reasonable steps to preserve its condition.
Delays in property sales can also affect the overall value of the estate, particularly if market conditions change.
Probate delays can create financial complications for the estate. Although assets may be frozen pending probate, certain liabilities continue.
These may include:
- Mortgage payments
- Utility bills
- Insurance premiums
- Maintenance costs
- Interest on outstanding debts
Executors must ensure these obligations are managed appropriately, even while waiting for probate.
Inheritance tax deadlines must also be carefully observed. Inheritance tax is usually due within six months of the date of death. Delays in probate do not remove this obligation, and interest may accrue on unpaid tax after the deadline.
In some cases, executors may need to arrange interim payments using estate funds that can be accessed or, in limited circumstances, their own funds, which can later be reimbursed from the estate.
Even where probate has not yet been granted, executors have important legal responsibilities. They must take reasonable steps to protect the estate and ensure assets are not lost, damaged or misused.
This includes:
- Securing property
- Identifying and valuing assets
- Notifying financial institutions
- Maintaining appropriate insurance
- Gathering information needed for the probate application
Executors must also act in the best interests of the beneficiaries and avoid conflicts of interest.
They cannot distribute the estate or transfer ownership of assets until probate is granted. Doing so prematurely could expose executors to personal liability if errors occur or creditors later emerge.
Taking careful and organised steps during this period helps ensure the estate can be administered efficiently once probate is granted.
While some probate delays are unavoidable, others can be minimised with careful preparation.
Ensuring that the will is clearly drafted and properly executed reduces the risk of legal complications. Keeping accurate records of assets, liabilities and financial accounts also makes it easier for executors to prepare probate applications.
Seeking professional legal advice early in the process can help executors avoid errors and ensure the application is completed correctly. Solicitors can assist with preparing documentation, dealing with HMRC and responding to probate registry queries.
Prompt action following the death also helps prevent unnecessary delays. Executors should begin gathering information and preparing the probate application as soon as reasonably possible.
Although executors cannot complete estate administration without probate, they can still make productive progress.
They can:
- Gather financial information and documentation
- Communicate with beneficiaries
- Prepare property for eventual sale
- Ensure tax matters are being addressed
- Respond promptly to any requests from HMRC or the probate registry
Beneficiaries can help by providing requested information quickly and maintaining realistic expectations about timeframes.
Patience and organisation are key during this stage.
The length of probate delays varies depending on the complexity of the estate and the circumstances involved. Straightforward applications may be processed within several weeks, while more complex estates or applications involving inheritance tax or legal disputes may take several months or longer.
Administrative delays within the probate registry can also affect timelines. Executors should be prepared for the process to take time, particularly where additional information is required.
Obtaining professional assistance can often help reduce delays by ensuring applications are accurate and complete from the outset.
Probate delays can have significant practical and financial consequences for executors and beneficiaries. Without probate, executors cannot fully access or distribute estate assets, and property transactions may be delayed.
Financial obligations continue, and beneficiaries may need to wait longer than expected to receive their inheritance.
Despite these challenges, probate delays are often manageable with proper preparation, clear communication and careful administration. Executors must continue to protect estate assets and ensure all legal and tax requirements are met while awaiting probate.
Seeking professional advice can help minimise delays, reduce stress and ensure the estate is administered correctly. Understanding the probate process and the potential causes of delay allows families to navigate this difficult period with greater confidence.
At Premier Solicitors, we understand that probate delays can be distressing and frustrating, particularly when families are already coping with loss. Our experienced probate solicitors provide clear, practical guidance to help executors understand their responsibilities and move the process forward efficiently.
We assist with preparing probate applications, dealing with HMRC, resolving complications and managing the administration of estates from start to finish. Our team works proactively to minimise delays and ensure estates are handled correctly and in accordance with the law.
If you are experiencing probate delays or need assistance with applying for probate, contact Premier Solicitors today. Our expert team is here to support you through every stage of the process.
Read more blog posts which Gary has written for this website.
