Probate inquiry launched over delays and new fees proposed
Probate delays will be the subject of a new inquiry by the House of Commons Justice Committee, amid concerns over the growing processing time for applications.
In a separate consultation, by HM Courts and Tribunals Service (HMCTS), probate fees could be hiked by 10%.
Here, Which? probes the details of the new probate inquiry, reveals how much fees could increase next year, and explains how to avoid probate delays.
What is probate?
Probate is required for all but the smallest estates. Without it, executors aren’t able to distribute the estate of a person who’s passed away.
A Grant of Probate is often requested by financial institutions to access bank accounts, sell assets and settle the debts of someone who has died.
Once it’s granted, the executor will have the legal authority to administer the deceased's estates in accordance with their will.
- Find out more: what is probate?
New inquiry to investigate delays
The Justice Committee has launched an inquiry over concerns about delays and has submitted a call for evidence.
The cross-party committee of MPs will take evidence on:
- Capacity, resources and delays across the probate service
- The impact of digitisation, including the effectiveness of the probate portal
- People’s experiences, including how beneficiaries, executors and the bereaved are supported through the process and protected from ‘rogue traders’
- Fees and thresholds
Chair of the Justice Committee, Sir Bob Neill (Conservative MP, Bromley and Chislehurst) said concerns over probate had risen sharply over the last five years.
He said: ‘Families across the country have faced challenges in navigating the probate system, with reports of rogue traders and poor practice, as well as significant delays.
‘My Committee wants to examine how the administration of probate could be improved for people who are already coming to terms with the loss of a loved one.’
How to submit evidence
The inquiry is open for groups and members of the public to submit evidence.
You don’t need to answer all the questions, only the ones you have experience of.
For example, you may be able to provide a summary of how probate delays have impacted you, how well you were supported, and if the needs of particular groups, such as disabled people or older people, are appropriately considered.
You can write your submission on the Government website - there is also some helpful guidance on what to expect if your evidence is published.
- Find out more: probate warning: FCA sounds alarm on prepaid plans
What's being done to tackle delays?
HMCTS said it had seen huge volumes of probate applications since the Covid pandemic with the death rate higher than the five-year average. But since the end of August this year, caseloads have been reduced by 9,000.
A spokesman said: 'We have been working exceptionally hard to reduce waiting times for customers.
'Measures such as hiring and training more staff to rapidly increase the volume of grants processed are now delivering tangible results - with the number of outstanding cases falling significantly over recent months. We welcome the Committee’s inquiry and will consider any findings carefully.'
How much does probate cost?
In a separate consultation, HMCTS is proposing to increase court and tribunal fees across England and Wales, including probate.
It has proposed to increase the application fee for a grant of probate by 10% (£27) to £300 for estates valued over £5,000, from March 2024 and then to make full or partial inflation-based increases to selected fees every two years.
HMCTS said that fees were last updated in September 2021 and the new fees are to account for higher court costs as a result of inflation, and would create a more ‘sustainable source of income’.
Currently, court fees generate £727m per year, but the remaining £2.3bn is funded by the taxpayer. An increase of 10% in 2024 would raise up to an additional £42m per year, the consultation said.
You can respond to the consultation here. It closes on 22 December.
- Find out more: DIY probate: how to administer an estate
How long does it take to get probate?
According to the latest quarterly statistics from HMCTS, covering the period between April and June, probate applications took an average of 14 weeks.
This is the longest it has been since 2019, and HMCTS said this represents recent work to focus on the oldest cases.
The worst delays impact applications that are stopped. When applications are stopped, they’re moved to a separate queue for processing, while waiting for the missing information or documents needed.
Probate grants that were stopped from April to June 2023 took 22 weeks on average to be issued, compared with 10 weeks for those that weren't stopped.
The probate service said it expects the average wait time for grants to fall to eight weeks by March 2024.
- Find out more:do you need a solicitor to get probate?
How to avoid probate delays
Although probate delays are largely out of your hands, there are some things you can do to give your application the best chance of being processed quickly.
Use our step-by-step probate guide
You can download our free checklist from the Which? legal advice service to help you through the process and avoid problems with your application that can hold it up.
- Find out more: probate checklist
Make a will and keep it updated
If you’re worried about your own estate and how delays might affect your family, you should make sure you have an up-to-date will.
- Find out more: Write your will today with Which?. Our specialist can review it so you know its legally binding, and even print, bind and post it your home.
Keep a paper will in good condition
According to HMCTS, it will stop applications that have unexplained changes to the condition of the will, to reduce the risk of fraud.
Changes it looks out for include staple holes, rips and stains.
Apply online
Digital applications are processed far quicker on average.
Get help to avoid mistakes
If you’re struggling, you can call the HMCTS digital support helpline on 0330 016 0051.
For advice at any stage, Which? legal advice service here. It costs £9 a month, with a £29 upfront fee (or £99 a year all-in). You can cancel at any time.
