Delays in the probate process because of COVID 19

Coronavirus has caused a growing backlog of probate claims, which is frustrating bereaved families, as well as accountants and lawyers applying for probate.

The probate process can, invariably, be rather drawn out and a few minor changes have been made over the years to address specific issues.

Further changes in June 2020 sought to resolve the delays due to a rise in COVID related deaths and COVID related staff absence.

Applications can now be made online, which is a major step forward, although delays are not all the fault of the probate office. Many delays occur with HMRC.

Probate cannot be granted until the Inheritance Tax has been agreed and paid. Once agreed and paid, HMRC advise the probate office and probate can then be granted.

Until probate is granted, the assets within the estate cannot be distributed.

Our recommendation is to start the process as soon as possible.

As, broadly, Inheritance Tax needs to be paid within 6 months of death, the process of gathering in all of the paperwork, notifying all organisations, submitting information, agreeing and paying the Inheritance tax and then applying for Probate should be started as early as possible to make the process less frustrating.

We have a dedicated Estate planning & Probate team who are ready to help and advise with any probate issues you may have. Please contact the Probate team if you feel we can help.