The prolonged delays in obtaining grants of probate from HM Courts & Tribunals Service continue to cause significant difficulties for executors attempting to manage deceased estates, legal experts have said.

One recent case highlights the ongoing challenges faced by bereaved families waiting for probate approval. After the death of a father in October, his children submitted the probate application promptly but have remained stalled for more than six months without clearance from an examiner. The prolonged wait has left two bank accounts, some Premium Bonds, and a vacant property inaccessible, preventing either the distribution of assets or the sale of the house. The family has found communication with the probate service frustrating, with assurances of expedited handling yielding no visible progress.

Tim Snaith, a solicitor at Winckworth Sherwood, explained that the system’s restructuring in 2019 resulted in widespread backlogs and service issues which persist, although some recent improvements have been recorded. Prior to 2019, grants of probate typically were issued within about a week, but currently, an expected processing time of up to 16 weeks is advised—making delays stretching beyond that duration uncommon but not unheard of. He described the current centralized call center setup as lacking in efficiency and transparency, with call handlers often unable to provide substantive updates beyond indicating expedited status.

The resource constraints and backlog pressures affecting HM Courts & Tribunals Service mean that legal recourse to compel faster processing is limited. Snaith recommends that applicants submit a formal written complaint through the official procedure, which requires a response within about 15 days. Escalating the matter via this channel may prompt action on stalled files. Additionally, contacting a local Member of Parliament may lead to departmental inquiries that help break the impasse, a course that has proven effective in some instances.

Importantly, executors still possess certain powers despite delays in grant issuance. They may market the property for sale, and if an offer is accepted before probate is granted, they can apply for a limited grant known as “ad colligenda bona.” This alternative allows executors to complete the sale and collect proceeds, though funds cannot be distributed until the standard grant of probate is confirmed. These limited grants tend to be processed more swiftly, even in complex cases.

The cumulative effect of these probate delays not only intensifies administrative frustrations but also exacerbates the financial and emotional strain on families already coping with loss. Legal advisors emphasize that requesting further documentation from applicants, if needed by the probate office, should be welcomed as a means to advance the process rather than a hindrance.