Completing applications for probate has long been considered a complicated process that people are faced with at an already difficult time, so what can be done to help making things quicker and easier?
According to figures from HM Courts and Tribunals Service (HMCTS), average wait times for probate applications in December 2024 have reportedly halved to just over four weeks, down from just over eight weeks in June 2024 and 12 weeks at the end of 2023.
Part of the improvement has come from a much more efficient online process which now handles around 80 percent of applications, which take around two weeks for the application to be looked at.
But whilst this is a step in the right direction, it isn’t the only roadblock to a quick approval. Thrings’ Private Client Partner Penelope Munro looks at ways in which applicants can help to speed up the process.
How can applications be sped up?
One of the biggest stalling points is the gathering of the information relating to the various assets and liabilities of the estate as at the date of death, which helps to build a picture of the estate. This includes:
- Bank accounts
- Investments
- Property and other assets
- National savings
- Life insurance policies
This also includes valuing the various liabilities and debts of the deceased including the funeral and memorial expenses, any credit cards and/or loans to ensure a complete and accurate picture of the value of the estate.
If a full Inheritance Tax account needs to be completed, it is important to engage with HM Revenue and Customs (HMRC) as soon as possible, detailing the various assets and liabilities of the estate, in order to obtain the unique reference number needed to start the probate application process. Whilst HMCTS have been able to make their processes more efficient, the HMRC reference number is meant to take four weeks but can take as much as six or seven weeks to be issued.
Equally as important to avoid a sluggish process is to have a Will in place. Not only will this document ensure the deceased wishes for the distribution of their estate are adhered to, but it is also a requirement for the online HMCTS application route. Otherwise, applicants must complete a paper application which is a much slower process.
What changes are coming?
In the Labour government’s first Autumn Budget last year, it was announced that pensions will be factored into Inheritance Tax from 2027, which will mean valuations of pension schemes will be needed to complete the process. At present, no white paper has been published to introduce this change but with a date having been allocated, it is likely this could happen soon.
Penelope Munro, Partner in the Thrings Private Client team, said: “Whilst it is positive news that HMCTS have been able to bring down the growing wait times for processing applications, often the biggest obstacle to is in the collection of the financial information by the applicants, so by being proactive in amassing that information can really help speed things up.
“By having legal support from the outset, applicants can be given the advice they need to collate the information needed and ensure they don’t overlook any aspects of the application that could cause unwanted delay at an already challenging time.”
Thrings’ Private Client lawyers are experts in supporting individuals and families with a range of personal matters that are important to you. Whether it relates to a family business, land or private wealth, their expertise is there to help plan ahead in all areas ranging from succession planning and trusts, to wealth management, Wills and probate. To find out more, please get in contact. You can also check out our guide to probate here.
