Why Probate Takes So Long — and How to Avoid the Delays

What causes delays and how smart planning can make things easier for your loved ones

Why Probate Takes So Long — and How to Avoid the Delays

When someone passes away, families often expect their affairs to be wrapped up quickly. But the reality of probate can be very different. Delays are common — and they can add stress, cost, and confusion at an already difficult time.

This blog explains why probate can take so long, and what you can do now to make things smoother for the people you leave behind.

What Is Probate?

Probate is the legal process of proving a Will and giving someone authority to deal with a deceased person’s estate — from closing accounts to selling property and distributing assets.

If there’s no Will, the process can take even longer.

Why Does Probate Take So Long?

HMRC and Inheritance Tax

If tax is due, forms must be submitted and some payment made before probate is granted. Waiting for clearance or valuations can add months.

Property Sales

If the estate includes property, it may need to be valued, cleared, marketed, and sold — all of which adds time.

Missing Documents

Delays often happen because of incomplete paperwork, missing death certificates, or unknown account details.

Family Disputes or Challenges

Disagreements over the Will or estate can result in legal action, freezing the process entirely.

Asset Complexity

Multiple bank accounts, shares, business interests, or overseas assets often require extra time and paperwork.

Court Backlogs

Even straightforward applications can take months due to delays at the Probate Registry.

How to Avoid Probate Delays

Set Up a Lifetime Trust

Assets placed in certain types of Trusts — such as a Family Asset Protection Trust — can pass outside of probate. This avoids delays and offers added control.

Keep Clear Records

Maintain an up-to-date list of assets, accounts, and key contacts. Store this safely, and let your executors know where to find it.

Make a Valid Will

A properly written, witnessed, and regularly reviewed Will
helps avoid disputes and speeds up probate.

Use Joint Ownership Strategically

Assets held as joint tenants may pass automatically to the surviving owner without probate.

Get Professional Help

Executors working with experienced professionals can avoid common mistakes and navigate the process more efficiently.

Example:

Two friends, Maya and Zara, both lost their fathers within a few months of each other. Maya’s father had set up a Family Trust, so his home and accounts passed smoothly to her without the need for probate. In contrast, Zara’s father died without a Will, and probate took over a year — with frozen accounts, mounting paperwork, and rising legal fees.

Final Thoughts

Probate doesn’t have to be painful — but it often is when planning hasn’t been done. The good news? You can take control now and save your family time, cost, and worry later.

Talk to an estate planning expert to explore your options and protect your loved ones from unnecessary delays.