Probate Delays UK: How to Avoid Common Hold-Ups

Overview

Probate is the legal process of proving a will and getting authority to deal with someone's estate after they die. Where there is a valid will, the named executors apply for a grant of probate. Where there is no will, or the named executors cannot act, a close relative usually applies for letters of administration instead.

Both documents do essentially the same job: they give the person in charge the legal standing to collect in assets, settle debts, and distribute what is left to the beneficiaries. Applications in England and Wales are handled by HM Courts and Tribunals Service through the Probate Registry, and most straightforward cases can now be submitted online.

Before the grant is issued, inheritance tax has to be dealt with through HMRC, which is where a lot of estates get stuck. The process sounds simple in theory. In practice, small errors on forms, missing documents, or questions from HMRC can add weeks or months to what should be a routine job.

Key steps

1. List every executor properly. The application needs the full legal name and current address of each executor named in the will. If anyone has moved, married, or changed their name since the will was signed, flag this and provide supporting detail. If an executor does not want to act, they can formally renounce using the correct form sent to the Probate Registry, or have power reserved to them. Getting this right at the start prevents the Registry coming back with queries.
2. Track down the original will. The Probate Registry almost always needs the original document, not a photocopy or scan. Check with the solicitor or will-writing firm who stored it, or look through paperwork at home if the will was made privately. Compare it against any copies you hold to make sure nothing has been altered. Do not staple, unstaple, write on, or attach anything new to the original, as this can raise questions about tampering and trigger further enquiries.
3. Sort the inheritance tax position first. For larger or more complex estates, the relevant inheritance tax account must go to HMRC before probate can be granted. The figures on your tax forms and your probate application need to match exactly. If HMRC has not come back to you within the expected window, it is worth chasing them directly rather than waiting in silence, because the Probate Registry will not progress your application until HMRC has confirmed the tax side.
4. Value the estate carefully. Undervaluing or overvaluing assets is a common cause of delay. Get written valuations for property, and use date-of-death figures from banks, investment providers, and pension schemes rather than estimates. Include jointly owned assets, life policies, and any lifetime gifts within the relevant look-back period. A well-evidenced valuation makes it far less likely that HMRC will raise questions or open a compliance check later on.
5. Submit a clean, consistent application. Cross-check names, dates, addresses, and figures across every form before sending anything in. Make sure the executors have signed in the right places, that the statement of truth is completed, and that any supporting documents are enclosed. If you are applying online, upload clear scans. Small inconsistencies, such as a middle name on one form but not another, are one of the most common reasons applications get kicked back for correction.

Common questions