Navigating Probate Delays | Curtis Parkinson
Probate Delays

Navigating Probate Delays

4 June, 2024 3 minutes reading time


The loss of a loved one is a difficult time, and the legal process of probate can add an extra layer of stress. Probate, the court-supervised process of administering a deceased person’s estate, can often be long and complicated, leading to unwelcome delays during an already emotionally challenging period.

Although there have been some improvements, the Ministry of Justice (MoJ) and HM Courts & Tribunals Service (HMCTS) still face criticism for delays and inefficiencies in the probate process.

Indeed, senior politicians have joined professional bodies in raising serious concerns that these issues create financial hardship for grieving families in the lead-up to the general election.

However, understanding the common pitfalls and taking proactive steps to navigate these delays can make the probate process smoother and less stressful.

Common Causes of Probate Delays

Several factors can contribute, but the most common include:

  1. Incomplete or Incorrect Documentation. Complete and meticulously check all forms. Submit all necessary documents, such as the Will, death certificate, proof of identity and address, property deeds, and financial records. Incomplete or inaccurate information unnecessarily lengthens the process.
  1. Family Disputes. Disagreements among beneficiaries about the validity of the Will or the distribution of assets can lead to lengthy legal proceedings. Open communication and, if necessary, mediation help to resolve family disputes.
  1. Complex Estates. Probate could become intricate if the deceased had substantial assets, foreign holdings, or business interests. An experienced probate lawyer can effectively navigate these complexities.
  1. Difficulty Locating Heirs or Assets. If beneficiaries are challenging to locate or the full extent of the deceased’s assets is unknown, it can significantly impede the probate process. Maintaining organised records of assets and beneficiaries during the deceased’s lifetime is highly beneficial. 

Gathering Essential Documents

Before initiating probate, pull together the following essential documents:

  1. The Original Will. This outlines the deceased’s wishes, including the distribution of their assets.
  2. Death Certificate. This provides official proof of death, an essential requirement before the process can begin.
  3. Proof of Identity and Address. This is needed for the individual who handles the probate (not the deceased’s details).
  4. Inventory of Assets and Liabilities. Compile a comprehensive list of the deceased’s assets and debts.
  5. Financial Records. Gather bank statements, investment accounts, and other financial records that clearly show the deceased’s financial situation.
  6. Deeds and Titles. These provide required proof of property ownership, vehicles, and other valuable assets.
  7. Tax Documents. Recent tax returns are crucial in assessing the estate’s tax liabilities.
  8. Insurance Policies. Gather life insurance policies and other relevant policies like home or car insurance.

Our Advice

Start the probate process as early as possible. Don’t delay. The sooner you start, the sooner you can finish. Be very careful with the details and keep all probate-related documents together. Create a timeline with important deadlines to help you stay on track.

You can go through probate without a lawyer, but having one can give you peace of mind. Probate lawyers know the rules and regulations inside out. They can make sure you meet all legal requirements and avoid costly mistakes.

If the estate is complicated, they can also help resolve family disputes and take some burden off grieving family members. Their expertise can save you time, money, and stress, allowing you to focus on what truly matters during this difficult time. If you need more advice or information about Wills, trusts, or 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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