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Probate is the first step in the process of an executor distributing an individual’s estate.
The probate has become more efficient with the introduction of online applications, with the Government itself confirming that the average wait time from the initial submission to probate being granted in 2024 had dropped to just over four weeks, compared to 12 weeks in 2023.
This is also reflected in the statistics between April and June 2025, where the average grant time was five weeks.
However, while the probate process is improving, you still need to be aware of the factors that can delay the process entirely.
A Grant of Probate is a legal document that enables the executors of a Will to manage a deceased individual’s estate.
The executors will take responsibility for addressing any outstanding debts that need to be paid off and distribute assets to the intended beneficiaries stated in the Will.
Should a valid Will not be found, a Letter of Administration will be required. This is issued by a court and grants authority to the administrator who has the legal right to handle the deceased’s affairs.
One of the main factors is the complexity of the individual’s estate. The more assets they have within their estate, the longer the process can take.
Alongside the prospect of multiple assets to process, there is also the prospect of obtaining assets that are based in other countries.
There could also be issues surrounding the Will, such as locating it and potential contests from family members.
You will need to locate the Will which details the deceased individual’s wishes. Struggling to find it can delay the probate process further and put the estate at risk of being declared intestate.
Contesting a Will also affects the granting of probate, as the dispute will need resolving first before the process can continue.
Dispute resolution can often be lengthy, so all plans for managing the estate are put on hold until it is resolved.
Inheritance Tax (IHT) does have an impact on the probate process, as executors will need to settle any IHT bill.
This may take longer than usual because the executors need to understand the current IHT regulations in place, work out the estate’s liability and calculate the correct amount to pay HM Revenue and Customs (HMRC).
This must be done before probate can be granted and, in some cases, HMRC may decide to review the individual’s estate to ensure the calculated figure is correct and they are satisfied.
Delays from third parties like HMRC are not uncommon and do affect the probate process.
As part of their responsibilities, executors will need to make contact with other third parties, such as banks and building societies.
They need to do this to clarify the information included in the Will and gain access to the deceased individual’s account to start paying off their outstanding debts.
With executors needing to clear any debts before distributing assets to beneficiaries, the process of making contact and receiving what they need can take a considerable amount of time.
The process of granting probate has improved, but delays are possible and if you need support understanding how the process works, our Wills and Probate team are here to help.
We can talk you through how probate works, what you need to do to submit an application and answer any questions that you may have so you can confidently manage any delays.
For advice on all probate matters, get in touch with our team today.
Wills and Probate Executive
I started my professional career with Mander Hadley when I joined the firm in March 2021, having completed a Law Degree LLB (Hons) at Birmingham City University.
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