Probate Registry faster but not fast enough
Posted on 25th October 2024
The latest data from HM Courts & Tribunals Service shows overall improvements from the Probate Registry although long delays continue.
Causes of poor performance include inexperienced staff and reduced service standards. Long delays and ‘stops’ on applications for probate remain common although the average time is reportedly 9.3 weeks (July 2024). That’s back to September 2022 levels.
The improvements come after a long period of falling standards and still don’t return us to acceptable levels of service.
The latest figures compare to 14 weeks in July last year. Over 32,000 applications were processed, compared to a little under 23,000 last year.
To simplify the probate process an online ‘MyHMCTS’ service launched in 2021. This allows updates to all parts of a probate application before submission. Requests for copies of Wills can take place via MyHMCTS and trust corporations can apply using the service. The probate service has also improved its ability to track paper applications online to improve processing and reduce the number of stopped applications.
Why families need probate
People often assume they don’t need probate if someone left a Will. However, probate is based on someone’s assets when they die and who will inherit. Administering their estate requires a legal document.
If they had a valid Will when they died their executors need a Grant of Probate for their estate. If they didn't have a Will a friend or family member must apply for a Grant of Letters of Administration.
In either case one or more named people can receive legal authority to finalise the dead person’s affairs. This includes closing bank accounts, selling property and settling debts.
Probate when there is a Will
A legally valid Will confirms who should apply for probate (the executors) and the beneficiaries.
Once issued, the Grant of Probate allows the executors to deal with the estate. However, this can take some time, depending on whether property is in the UK or overseas and whether business interests need settling, for example.
Assistance with probate
I provide a Probate Assist service to support you when a loved one dies. This includes helping you apply for probate as a named executor or as a family member or friend.
Dealing with paperwork, bureaucracy, property matters and personal items is a daunting prospect. Starting with a visit to your home or via a video or phone call I’ll support you to deal with all the details. You stay in control throughout, but I will explain what’s needed to administer their estate as they would have wished.
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