Probate Registry Delays

Probate Registry delays is a subject we’ve discussed many times in the last couple of years. In 2017, the proposed hike in probate fees caused a flurry of applications and subsequent delays. The centralisation and digitalisation of the Probate Registry itself further compounded the problem.

However, it still seems that the process that should take 2-3 weeks is taking up to 12 weeks to complete. Figures issued by the Ministry of Justice, showing that in most weeks, the Registry issues fewer Grants of Probate than it receives in applications, back this up.

Pressures on New Probate System

It was made mandatory on 11 January 2021 for all professional applicants to make specific applications online, leaving more complicated applications paper-based. While the new system is not entirely smooth sailing, COVID-19 has undoubtedly impacted the probate services.

What You Can Do to Mitigate Delays

• Applications are unlikely to speed up noticeably so leave it at least eight weeks until you or your solicitor chases the probate registry.
• Ensure your application is accurate; this is particularly important if it is complicated.
• Manage expectations and ensure all parties involved are aware that delays are likely.
• If a property is involved, make sure your conveyancer, estate agent and prospective purchaser are aware that probate delays are likely. The sale can’t proceed without the Grant of Representation.

Our Advice

If you have concerns about an estate that involves you or your family or have any questions about obtaining a Grant of Probate, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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