Paper probate applications take up to six months, but online is faster

Relatives trying to access estates wait an average of six weeks to obtain inheritance law, but using paper forms or making mistakes can delay up to six months, lawyers warn.

Applying for probate is an essential step in taking control of an estate after someone has died, and the government says on its relevant web page that it takes longer with a paper form than online.

According to member and public feedback to the Law Society, it currently takes about five to six months for paper applications to be approved.

However, a spokesperson for the HM Courts and Tribunals Service said: ‘Inheritance applications are processed in an average of five weeks – almost a week faster than last year.

“We have hired more staff to meet higher demand and further shorten lead times.”

Read more from the government about the inheritance process below.

Some cases that are ‘stopped’ and sent to the back of the queue due to missing documents or errors in the application can also take up to 20 weeks, according to the national organization Advocates for the Elderly.

Lawyers estimated the waiting period for probate at six to nine weeks early this year, when the application fee was increased to £273 for estates worth £5,000 plus. The fee is waived for estates worth £5,000 or less.

A few years ago, families experienced long delays when the easement was hit by a rush to defeat government plans to massively increase fees, which were then scrapped before implementation.

This coincided with a major reorganization involving staff reductions, office closures, new IT systems and changes in work processes.

Below, the president of Solicitors for the Elderly, Michael Culver, provides tips on how to make sure your probate application is not delayed, including having it reviewed by an attorney for a flat fee before filing.

He also suggests that if you have to pay estate taxes first, you should wait 25 days instead of the recommended 20 before proceeding to file for estate taxes.

Culver explains that this is because the lack of response from HMRC is one of the main causes of probate applications being ‘stopped’.

Probate delays are decreasing, but people face significant waiting times if their applications are stopped for one reason or another, he notes.

“Most probate applications now take an average of six weeks,” says Culver. “However, in some cases it can take up to 20 weeks if the application is stopped.

‘This may be due to errors in the application or missing documents. Once a request is stopped, it goes to the back of the queue and new cases are given priority.

Prolonged delays can be exhausting for grieving families who must manage all the anguish of losing a loved one.

“We always recommend speaking with a legal professional, such as an SFE attorney, who specializes in this area of ​​law. They can ensure that the application is carefully prepared and will make the process as quick and easy as possible.’

>> Read more tips from Culver below, including what’s involved in getting a fixed-fee appraisal before filing an online probate application.

Emily Deane, technical advisor at the STEP trade organization of inheritance professionals, says: ‘It is concerning that grieving families have to wait so long for probate to be granted.

HM Courts and Tribunals Service has informed STEP that it is recruiting a significant number of trained staff to deal with the backlog of probate applications, as well as new staff to increase the customer service capacity of the call centre.

“We hope that this increase in resources will lead to a significant improvement in delays and a reduction in the backlog of applications that are currently causing concern and frustration.”

STEP notes that the HMCTS encourages people to apply for probate using the online service, stating that users will receive the grant faster than using the traditional paper service.

A spokesperson for the Law Society says: ‘We have been aware of the easement delays for some time. The service should enable executors to settle the estate of a loved one within a reasonable period of time.

“Delays can negatively impact families and loved ones at an already difficult time as they deal with their loss and try to resolve the complex administration surrounding the death of a loved one.

“Our members and the public tell us that these delays appear to be mainly due to paper applications, which they say take about five to six months to approve.

‘Our members are also frustrated by HMCTS’ lack of clarity about response times. They want HMCTS to provide realistic timelines so they can manage customer expectations.”

What is the government saying?

HMCTS has currently provided the following guidelines for the probate process.

– Our most recent data shows that we are accelerating the granting of applications. It can be found here.

– Correctly completed applications, which do not have to be stopped due to an error or missing documentation, are processed on average within three weeks.

– The quoted figure of 20 weeks it takes to complete an application is misleading as it also includes stopped cases where the process has stalled due to waiting for the applicant to fix a mistake they made, or when they has not sent all the necessary documents (such as an inheritance tax form or original will).

-We still have high numbers of probate applications post-Covid and with a higher number of deaths than the five-year average through the end of this summer. Our focus is on shortening the waiting time for paper applications that are more complex and take longer.

– As with any legal proceeding, there will be cases where cases take longer than others due to their complexity or because additional information is required from the applicant.