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Why a solicitor can still make probate easier despite faster processing times

The recent improvements in probate processing times are welcome news for many families.

With Government action reducing backlogs and digital applications speeding up the process, it might seem like handling probate is now more straightforward than ever.

However, faster processing does not mean the process itself has become easier.

Many estates still require careful legal navigation, and even minor mistakes can lead to delays and disputes.

How have probate processing times improved?

Over the past year, the probate system has seen significant improvements.

At the end of 2023, the average wait time for probate was 12 weeks. By June 2024, it had been reduced to just over eight weeks, and by December 2024, this had fallen to just over four weeks.

This progress is largely due to decisive Government action aimed at clearing the backlog of cases that built up during the Covid-19 pandemic.

The probate conundrum

While the application process has been streamlined, probate remains a complex legal procedure.

Executors are responsible for valuing the estate, settling debts, ensuring the correct taxes are paid, and distributing assets according to the Will or intestacy laws.

Each of these steps carries legal obligations, and errors can have serious consequences.

For example:

Inheritance Tax (IHT) calculations must be correct to avoid penalties or fines from HM Revenue & Customs (HMRC).
Disputes among beneficiaries can delay probate significantly and may even lead to costly legal battles.
Identifying and settling all debts before distributing assets is required to avoid legal claims against the estate.

A solicitor can ensure every aspect of the probate process is handled correctly, reducing stress and protecting executors from personal liability.

Speed does not eliminate complexity

Even though the probate process has become quicker, it has not necessarily become simpler.

Complex estates such as those with multiple properties, business interests, foreign assets, or trusts, still require careful legal and financial planning.

We can help by ensuring compliance with the law and a smooth transfer of assets to the rightful beneficiaries.

Avoiding unnecessary delays and disputes

One of the key benefits of using a solicitor is preventing delays caused by errors or disputes.

If documents are submitted incorrectly, even the fastest digital system cannot prevent the case from being returned for corrections.

With professional legal support, you can ensure all documentation is correct from the outset, reducing the risk of avoidable delays.

Ensuring peace of mind

Administering an estate is a big responsibility, and many executors find the process overwhelming – particularly while grieving.

Our solicitors can take on much of the burden, ensuring that all legal, tax, and financial matters are handled properly.

This guidance and support provide peace of mind during a challenging time.

If you are dealing with the probate process and want expert guidance to ensure everything is handled smoothly and efficiently, our team is here to help.

Contact us today for professional probate support and peace of mind throughout the process.

Rachel Blackburn

Head of Wills, Probate and Older Client Services

I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.

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