Probate Delays in the UK: What Causes Them and How to Avoid the Stress

Grieving a loved one is hard enough. Waiting months or even years for probate shouldn’t be part of it.

At LCS Legal, we often speak to families overwhelmed not only by loss, but by the sheer complexity and delays involved in dealing with someone’s estate. While some probate cases are straightforward, others become a drawn-out process due to avoidable mistakes, missing information, or legal complications.

So, what slows probate down and more importantly, what can you do to make things easier?

Why Probate Matters

In the UK, probate is the legal process of dealing with a deceased person’s estate: confirming a will (if there is one), identifying assets, settling debts, and distributing what’s left to the beneficiaries.

It’s often required if the estate includes property, shares, or a certain level of savings.

When things go smoothly, it can take 3-4 months. But when delays set in, it can stretch well beyond well beyond 6-12 months and sometimes much longer.

Five Common Reasons Probate Gets Held Up

1. Missing or Incorrect Information

One of the biggest culprits. Mistakes in names, dates, or addresses on the application. Missing paperwork. Conflicting records. Any of these can result in the probate registry rejecting or returning your application.

2. No Will or an Invalid One

If there’s no will, the estate must be handled under the laws of intestacy. This adds time, especially where family relationships are unclear.If there is a will, but it hasn’t been signed or witnessed correctly, it may be deemed invalid causing further delay or legal disputes.

3. Disagreements Between Beneficiaries

Sadly, family conflicts are not uncommon after someone passes away. Disputes over who gets what, claims of undue influence, or challenges to the will can stall the entire process.

4. Outstanding Debts or Tax Liabilities

Before probate can be granted, HMRC must be satisfied that any Inheritance Tax due has been calculated and paid. Delays in submitting tax returns, errors in valuations, or missing financial information can all slow things down.

5. Complex Assets or Overseas Property

Estates involving multiple properties, business interests, or assets abroad often require more paperwork, specialist valuations, and sometimes even foreign legal support. Naturally, this adds time.

Real-Life Example: How a Simple Estate Became Complicated

Let’s take a look at a real-world example (anonymised for privacy):

Mr. R passed away in 2022, leaving a modest estate including a house, some savings, and a will naming his niece as the sole beneficiary and executor.

She believed the process would be straightforward, but several issues quickly emerged:

• The property was jointly owned, but the land registry records didn’t reflect the correct ownership structure.

• The will had been printed from an online template, and the witnesses were both beneficiaries making it invalid under UK law.

• There was an unpaid inheritance tax liability due to an old pension scheme that had  never been disclosed.

What should have taken 12–16 weeks turned into a twelve-month ordeal involving back-and-forth with HMRC, legal clarifications, and new applications. In situations like this, families often need professional support to manage the process effectively and bring it to a conclusion, bringing it to a conclusion but not before a significant delay and a lot of unnecessary stress.

Lesson learned: even modest estates can be delayed without proper preparation and guidance.

A Quick Reality Check

If you're trying to handle probate on your own, the delays can feel endless. One missing document, one call to HMRC that goes unanswered, one misstep in the application and everything grinds to a halt.

That’s why so many families now turn to legal professionals to take the pressure off.

What You Can Do to Speed Things Up

You can't control everything, but you can take some practical steps to reduce stress and keep things moving:

•  Register the death promptly

•  Locate the will and check its validity

•  Make a full list of assets and debts

•  Speak to banks, insurers, and pension providers early

•  Get valuations in writing (especially for property or high-value items)

•  Submit Inheritance Tax forms to HMRC on time

•  Work with an estate planning specialist who knows how to navigate the system

How LCS Legal Helps

We understand the emotional and administrative weight that comes with probate. Our team takes on the heavy lifting from gathering documents to submitting the application and communicating with the probate registry so you don’t have to.

Here’s how we support families:

• Fixed-fee probate services (no hourly surprises)

• Full or partial estate administration

• Support whether there’s a Will or not

• Guidance on inheritance tax and property

• Help with selling assets, closing accounts, and distributing funds

You can be as hands-on or hands-off as you need.

👉 Explore our Probate and Estate Services

Final Thoughts

Probate delays can be frustrating, but they don’t have to derail the process entirely. With the right preparation and the right support you can avoid unnecessary stress and give your loved one’s estate the closure it deserves.

📞 Ready to take the next step? Speak to our team for clear, friendly guidance and a free probate consultation. 👉 Book a call today