Probate: Signs of progress in a slow system

In February 2024, we wrote about the frustrating delays in probate (add link to previous blog), a process that can feel like an endless wait at the back of a queue.  Since then, HM Courts and Tribunals Service (HMCTS), which manages probate applications, has introduced several changes designed to make things smoother for families.

While not every problem has been solved, there are reasons to be cautiously optimistic.

Background

When someone passes away, everything they own (money, property, possessions) is referred to as their ‘estate’.  If they left a Will, the Will usually names Executors.  Executors are responsible for dealing with the estate.  A Grant of Probate is an official court issued document that proves the Executors have the legal right to deal with the deceased’s estate.

To obtain a Grant, an application is made to the Court (Probate Registry) giving details of the Will and estate.

Updates

One of the biggest frustrations has been the lack of communication once an application is submitted.  However, HMCTS is now sending updates if your case has been sitting still for too long, at 8 weeks, 12 weeks, or after 5 months with no progress.  You should also receive confirmation when documents have been uploaded.

These reminders are a small change, but they do take away some of the uncertainty that clients, and their practitioner’s, often face.

Phone support simplified

Previously, HMCTS tested a more complicated two-tier phone line, however, it wasn’t widely used.  This is now being replaced by a simpler, single contact line, with specialist appointments available if needed.

Fewer paperwork glitches

Probate applications often involve original documents, and delays can occur if scanning errors happen.  HMCTS has been working on reducing small but disruptive mistakes like this.  It’s not a headline-grabbing reform, but ironing out these wrinkles can make a real difference in how quickly things move.

Improving the online service

Digital probate applications are steadily improving and, in a small number of cases, grants are being issued in under 24 hours.  HMCTS has widened the scope of online applications to include intestacy cases (when someone dies without a Will) where there are more relatives, such as grandchildren, siblings and nieces or nephews.

This means that practitioners can apply through the more efficient online process in more cases, albeit there remain certain circumstances where paper applications remain necessary.

Where challenges remain

Not everything has been fixed.  Paper applications are still slower and less predictable, and some practitioners continue to report delays when calling the helpline or waiting for documents to be scanned.  But HMCTS has acknowledged these concerns and is working on them.

What this means for families

If you are currently going through probate, or expect to soon, here are the main takeaways:

• Digital is usually faster – applying online is proving quicker than using paper forms.
• Expect more communication – your practitioner should now be notified if your case is delayed or when documents have been received.
• The process is evolving – small changes, like clearer forms and broader online options, are making applications more streamlined.

In summary

The probate process is still not quick, but progress is being made towards a more efficient system.  HMCTS is listening to feedback from the industry and making gradual improvements that should ease some of the strain.  For those facing what is already an emotional and stressful time, these steps towards a more reliable service are a welcome development.

If you have any questions about how these changes might affect your own situation, please don’t hesitate to contact us.