Bereaved families are sometimes surprised by how long it can take to obtain probate. Every individual case will be different but the process, by its nature, always involves a range of third parties, from government bodies to banks and other financial institutions.
“On every estate, there's going to be something to deal with that requires contact with other institutions,” explains Charlotte Toogood, Legal Services Director at Kings Court Trust. These include HM Revenue and Customs (HMRC) and HM Courts and Tribunals Service (HMCTS), as well as banks, insurers and valuers. HMCTS is responsible for the probate service, which you might still find commonly referred to as the probate registry.
Probate professionals will give clients estimates of timelines based on their experience of typical cases, however sometimes unanticipated delays can occur with third parties that are outside a probate firm’s control.
ICAEW expects firms to manage this by being proactive and transparent. “Delays with third parties are often unavoidable, but firms should take reasonable steps to progress matters and keep clients informed if anticipated timescales change,” says Rachel Clements, Regulatory Policy Manager at ICAEW.
Probate and tax applications
The probate application process requires government bodies to process information before probate can be granted. “On estates with inheritance tax (IHT), the most common cause of a delay for us is HMRC,” says David Wilkie, Chartered Accountant at Wilkie Randall.
On taxable estates, HMRC must issue a tax code before HMCTS can grant probate. This process is now electronic and usually takes around 20 days, but response times can vary. Charlotte points out that, despite digitalisation of the process, some forms, such as the IHT400, still require original (‘wet’) signatures. “Clients might be away or busy, or even just waiting for the post,” she explains.
It can also take time for HMCTS to grant probate, although the professionals we spoke to agreed that processing times have greatly improved recently, especially with online applications. “We find if you go online, you’ll get the grant back quicker,” says Charlotte. “But it can still take up to four weeks.”
Online applications are the preferred route for most applications but HMCTS requires paper applications for certain complex cases. “If it has to be a paper application, for example in cases of an intestacy that isn't a spouse beneficiary, you’re looking at a longer process – probably 9 to 12 weeks,” says Charlotte. And the more complex the paper application, the longer the timeframe.
Debbie Rafferty, Senior Tax Manager at Sumer Probate, agrees. “It’s similar for our firm. If we do it online, they are coming through pretty swiftly,” she says. But she adds that where a paper application is required, it will take longer.
Processing times at banks and financial organisations
Obtaining information about a deceased person’s assets and liabilities typically means contacting banks and other financial institutions. This can take time, as they may need to confirm balances, verify identities, and complete checks before supplying statements or valuations. Experiences vary but sometimes probate firms might need to follow up on these requests, which could extend the process further.
Differences in banks’ policies and requirements for releasing information or funds can also affect how long the process takes. Charlotte notes, for example, that financial institutions have varying thresholds for releasing funds without requiring probate to be granted. One institution may release up to £50,000 with just a copy of the will and an indemnity form, while another may require probate for amounts over £5,000.
Tracking down old shares and their current registrar, especially if there have been takeovers or changes, is another area that can be time-consuming and introduce unexpected delays.
Supporting you through delays
Many of these delays are outside the control of probate firms. But you should expect your probate provider to explain what’s happening, chase progress where needed, and keep you regularly updated. If delays are excessive, they should take reasonable steps to follow up with the parties involved.
The Legal Ombudsman has produced guidance on what it expects from firms when considering any complaints from consumers about delays involving third parties. This includes considering whether a provider has contacted the party causing the delay to progress matters and how well they have communicated with their client.
“What the client wants to know is that you, as an accountant, are doing everything you can to chase up a third-party issue,” says David. In most cases, this will mean contacting the relevant third party at appropriate points and keeping clients informed of your efforts and any progress.
Firms will do this in different ways, but the most important thing is that they track requests and responses, and initiate follow-ups if necessary. For example, Charlotte’s firm uses a case management system that automatically tracks missing responses, reducing the risk of requests being overlooked. “What we do is try and automate everything,” says Charlotte. “For example, when we haven't received a date of death balance within the expected timeframe it will automatically send an email to the bank’s bereavement team,” she explains.
Consumers can also help by supplying accurate information quickly. “If you're submitting data or a request to another organisation and wanting a quick response, the submission needs to be as accurate, timely and helpful as possible,” emphasises David.
Transparency and communication
As a client, you should expect a probate firm to be clear about likely timescales and any potential pinch points or bottlenecks where delays might occur. “We have an estate administration guide that we send out at the start of every process,” explains Charlotte. This outlines the key steps and potential delays.
Then, during the process, your firm should keep you up to date, even if no progress has been made. “It's about keeping clients informed all the time exactly where you are in the process,” stresses Debbie. This might be a quick phone call or an email, or a more formal update. “Even if you provide an update every four weeks to say: ‘Look, nothing's changed, but I'm just letting you know nothing's changed’, that can be really helpful,” adds David. “The accountant is telling you that, rather than you having to ask.”
Debbie points out that clients can vary in how much they want to know, how often they want to be updated, and by what method. When choosing a provider think about what works for you and how and when updates will be provided. “We use all avenues, from post and emails to regular online meetings,” says Charlotte. “Some clients might just want an email once a month, while others might want regular calls or even a conference call with all family members.” Agreeing on your preferences from the start will help ensure you stay informed in a way that feels right for you.
Making the process clear for you
Probate is a complex and emotional process for most families, and unexpected delays can add to the challenge. Although some delays are unavoidable, firms should help you to understand what to expect. “Every client needs to know: What are the things that will slow this process down? What can be done to speed it up?” says David.
From the outset, your provider should explain clearly where delays could occur, how they will communicate with you and anything they will do to mitigate the delays. “What's going to set providers apart is the customer journey, and making sure you as a customer feel supported,” emphasises Charlotte.
Support for consumers
Please make use of the following resources to ensure you are up to date with the latest regulatory information and news.
- Legal services (probate) hub for consumers
- A guide for lay executors
- A guide for beneficiaries
- Read more on 'Why choose an accountant for probate'
- Read the first article in the series, Inheritance Tax: what do you need to know?
Editor’s note: This article is the second in a two-part series designed to help consumers understand key aspects of the probate process. The series also highlights the valuable expertise ICAEW-accredited probate practitioners can bring to this complex area.