Losing a loved one carries with it not only the grief of not seeing that person anymore, but a large administrative strain as you attempt to get their affairs in order.

One aspect of this that can be put on the back burner is applying for probate, as some families may not see it as being important.

However, as with many institutions in the UK, there are delays in probates being granted that extend beyond your control, so any delay on your end will exacerbate this issue.

Delays with probates can lead to financial strains and missed deadlines, while making the matter of resolving a person’s estate more complicated.

Why is it a problem to delay probate?

According to a Freedom of Information (FOI) request, the number of probate cases taking over a year to be granted had risen by 65 per cent between the years 2021 and 2024.

The data has yet to emerge on whether this trend is continuing, but families should be aware that the situation may have extended delays baked in.

This means that any delays in preparing for probate will add to the wait, easily making it take over a year to be granted.

Time and tide wait for no man, and neither do Inheritance Tax (IHT) calculations.

HM revenue and Customs (HMRC) expect IHT to be paid within six months of a person dying regardless of whether probate has been granted.

Before probate is granted, the deceased’s assets are frozen, so you will be the one paying the bill.

This will also be true of other bills, debts, and financial obligations that may not end when a person dies.

The longer it takes for probate to be granted, the more those left behind have to shoulder the financial burden.

There is also an issue of assets diminishing in value as time goes by.

While the IHT bill will be calculated on the value of the estate at the time of the person’s death, delays in probate may mean that the value of property or other assets is lower by the time the beneficiaries inherit them.

Similarly, repairs and property maintenance can be a drain on resources especially in cases where the beneficiaries plan to sell the property and cannot do so until probate is granted.

Is there any way to avoid probate delays?

While the situation may seem hopeless, there are steps you can take to mitigate the delays in probates.

It is important to gather financial information as quickly as possible including bank accounts, investments, pensions, and debts.

This will help you to visualise the extent of their estate and allow you to prepare for IHT and any other financial obligations that are set to befall you.

Make sure that you pay the IHT bill before it is due, otherwise, you will face penalties.

Ultimately, the best thing you can do is seek professional legal advice as early as possible.

If you know that a loved one is nearing the end of their life, having the information ready to apply for probate upon their death might seem callous, but could be the best way to protect those left behind.

We are on hand to support you during this difficult time and want to help reduce the difficulties that grieving families encounter.

If you need help with the probate process, speak to our team today.