Average probate wait times reduced: how to avoid unnecessary delays

Executors and beneficiaries will be pleased by the recent news of the reduction in the average wait time for probate applications to be processed, which is now at its shortest in over two years. 

The impact of the Covid-19 pandemic, including an increase in registered deaths and the impact of lockdown measures on working practices, saw a steady increase in wait times between 2020 and 2023. 

Average wait times peaked in early 2023 at around 8 weeks for online applications, and around 21 weeks for paper applications. The latest data from His Majesty's Courts and Tribunals Service (HMCTS) now records that on average, paper applications are being processed in under 15 weeks, with online applications being processed in just over two weeks. This welcome news has been attributed to changes brought in by the government’s 'Plan for Change', including the training of more staff and the large shift towards digital applications, with around 80 per cent of applications now being completed online. 

Although the backlog of cases is now clearing the way for a faster and smoother application process, prospective executors and personal representatives should still be wary of the common causes of unnecessary delays when applying for probate. These pitfalls can mean that an application is stopped and moved to a separate queue whilst the issue is addressed and rectified. 

In this article, we highlight the common causes of delay when applying for probate and how executors and beneficiaries can avoid them.

Common causes of delay and how to avoid them

Missing supporting documents

To avoid unnecessary delays, you should ensure that all necessary supporting documents are collated ready to be provided with the application. The documents required will vary by application, but you should always provide the following:

• Death certificate
• The deceased’s last will, and any updates made by codicil
• Copies of the will – the probate office normally requires two extra copies
• Probate application form, either completed online or by post as a paper application

In addition, the following copy documents may be required:

• Inheritance tax form (IHT form) – there are various reasons why an IHT form may be necessary, including when the estate is worth over £3 million, and when the deceased gave away over £250,000 in the seven years before they died. It's recommended that you consult a probate practitioner if you're in any doubt as to whether an IHT form is needed.
• Property deeds
• Bank statements
• Life insurance policies
• Proof of debts, such as mortgages or loans

Applications made to HMCTS too soon after submitting information to HMRC

It's advised that after providing information to HMRC in respect of the estate, applicants wait a period of at least 20 working days before submitting any application for probate. This is to allow sufficient time for HMRC to provide relevant information to HMCTS to process the application. If a probate application is received before this, that could delay the application.

Damaged wills

HMCTS may require explanations about the condition of the will, for example if there is damage, including any holes or tears. To avoid delays, it's best to provide an explanation for any damage to the will when it is submitted to HMCTS.

For further information or advice, please contact our disputed wills and trusts team.