Probate Application Delays
Understanding the Causes and How to Avoid Probate Delays
Probate is the legal right to manage a deceased person’s estate. This process involves gathering assets, settling debts, and distributing funds to beneficiaries. You typically need a grant of probate if there’s a will, or letters of administration if there isn’t. Delays in obtaining probate have become more common in recent years.
Causes of Probate Delays
Several factors contribute to delays, including administrative issues, system inefficiencies, and application errors.
- Stopped Applications: Errors in paperwork frequently cause delays when applications are “stopped.” This slows the process as you need to correct the errors, and the additional work can double the processing time.
- Problems with the New Online System: The online probate system was introduced to streamline the process, but it doesn’t accommodate all situations. Many applications still use paper forms, which take much longer to process. Paper applications require an average of 20.5 weeks, while digital ones take only 8.2 weeks.
- Court Structure Changes: The probate registry recently integrated with the wider court system, which has led to delays. The number of full-time registrars dropped from 30 to 3, greatly reducing capacity to process applications efficiently.
Common Reasons for Stopped Applications
To avoid delays, it’s essential to understand why applications are often stopped:
- Missing Supporting Documents: Missing documents, like powers of attorney or inheritance tax (IHT) forms, frequently delay the process. Ensure all necessary paperwork is submitted to prevent stops.
- Incomplete Executor Information: Applications that exclude executors without explanation are often stopped. If an executor cannot or will not act, clearly explain this in the application.
- Condition of the Will: Visible damage to the will, such as staple holes or stains, may raise concerns about fraud. When submitting the will, provide an explanation for any changes or damage to avoid delays.
How to Avoid Probate Delays
You can reduce the risk of delays by taking a few key steps:
- Check for Missing Documents: Before submitting, ensure you include all required documents, such as powers of attorney and IHT forms. Missing paperwork is a common cause of delays.
- Clarify Executor Roles: If you don’t include all executors, explain why. For example, if an executor is unwilling or unable to act, submit a clear explanation with the application.
- Explain Any Changes to the Will: If the will shows any damage, such as staple holes or stains, explain these changes to the probate office. This helps reduce the risk of delays from concerns about fraud.
Conclusion
Delays in probate can frustrate families trying to settle their loved one’s affairs. Understanding the causes, from application errors to structural changes in the system, helps you better prepare. Ensure you include all required documents, clarify executor roles, and properly explain any changes to the will. Doing so reduces the risk of delays and helps the probate process move more smoothly.
If you have any concerns regarding probate, please contact our Wills & Estate Planning department to schedule an appointment.
