Ongoing probate delays “extremely stressful” for families

Delays in grants of probate are causing house sales to fall through and investment values to dive as bereaved families await decisions.

This is despite latest figures showing a drop in average waiting times for both paper and digital applications from submission to granting of probate (10.6 weeks in February compared to 11 weeks the previous month). Carrying out the entire process online was faster – at 7.5 weeks, down from 8.4 weeks in January.

Speaking to This is Money, Ben Bell, government affairs manager at the Society of Trust and Estate Practitioners (STEP), said some individuals were however facing more substantial delays: “In some more complex cases, grieving families are waiting up to six months for probate to be granted and this is causing serious financial struggles.”

He added: “Probate delays can be extremely stressful for grieving families who may be relying on probate to be granted to access funds, dividends, rental income or to sell a home left to them by someone who has passed away.”

HM Courts and Tribunals Service (HMCTS) meanwhile states it is continuing to focus on reducing the probate backlog.

A spokesperson for the service said: “The death rate has been considerably higher since 2020 causing a surge in probate applications but the vast majority of [these] are dealt with within seven weeks on average – almost one week quicker than a year ago – and we have hired more staff to meet rising demand.”

More than 90 per cent of probate applications are now completed digitally, which is faster than using the traditional paper route. In addition, probate cannot be granted until inheritance tax has been dealt with via HMRC, which can also cause delays.

Mr Bell commented: “STEP welcomes the additional resource allocated to HMCTS staffing levels but it is concerning that improvements to probate service timeframes are not yet coming through.”