Losing a loved one is one of the hardest things any of us will go through. In the weeks and months that follow, having to manage the legal responsibilities of an Estate on top of everything else can feel completely overwhelming. Unfortunately, like many legal processes, probate can sometimes take longer than expected — and those delays can add real frustration at an already incredibly difficult time.
The good news is that most delays are entirely avoidable with the right guidance in place from the outset. At Boyletts Law, our specialist probate solicitors are here to help families navigate the process as smoothly and efficiently as possible.
What is Probate?
If you’re asking yourself “what is probate?” — you’re not alone. It’s a question we hear all the time. Put simply, probate is the legal process of administering someone’s Estate after they pass away. Depending on the size and complexity of the Estate, this can be straightforward — or it can involve several interconnected steps, including:
- Applying for a Grant of Probate or Letters of Administration
- Identifying all assets and liabilities
- Calculating and paying any inheritance tax due
- Settling outstanding debts
- Distributing assets to the beneficiaries named in the Will
Do I need probate?
Another question we’re regularly asked is: “do I need probate?” The answer depends on the nature of the Estate. Generally speaking, probate is required when the deceased owned property in their sole name, had significant financial assets, or left behind more complex affairs. Assets held jointly — such as a property owned as joint tenants — may pass automatically to the surviving owner without the need for probate. If you’re unsure whether probate is required in your situation, our team is always happy to help you work it out.
While some Estates are relatively straightforward, others can become delayed for months — or even years — if important matters aren’t dealt with carefully at the start. Below, we’ve outlined the most common causes of probate delays, and what you can do to avoid them.
The most common probate Delays — and how to avoid them
- Missing or invalid Wills
This is one of the most significant causes of delay in the entire probate process. Problems arise when the original Will cannot be located, when it hasn’t been signed or witnessed correctly, or when its validity is called into question. Without a valid Will, the Estate may need to be dealt with under the Rules of Intestacy — a legal framework that dictates who inherits when there is no Will in place. This can significantly slow things down and lead to outcomes that don’t reflect the deceased’s wishes. The simplest way to avoid this is to keep your Will updated and store it safely with a solicitor. At Boyletts Law, we can hold your Will securely so that it’s easy to locate when your family needs it most. You can even start your Will online today. - Inheritance tax issues
Inheritance Tax calculations can be complex — particularly where property, business interests, or unusual assets are involved. Common causes of delay include inaccurate valuations, properties being undervalued, HMRC requesting additional information, and tax payments being delayed.
In many cases, probate simply cannot move forward until Inheritance Tax matters are fully resolved. Working with a specialist probate solicitor from the outset means your tax calculations are accurate, your submissions to HMRC are complete, and the process keeps moving. - Disputes between family members
Sadly, disagreements between beneficiaries or family members are not uncommon. Disputes most often arise over the contents of a Will, unequal inheritance, or claims made against the Estate. Even what might seem like a relatively minor disagreement can cause significant delays and considerable costs if it escalates into legal action. The best way to reduce the risk of a dispute is to ensure your wishes are set out clearly in a professionally drafted Will. Impartial legal advice at the right time can also go a long way towards preventing disagreements from escalating in the future. - Difficulty locating assets
It’s the Executor’s responsibility to identify all assets and liabilities in the Estate — and this is more challenging than many people expect. Delays often occur when financial paperwork is incomplete, property ownership is unclear, or digital assets haven’t been properly documented.
Keeping organised records and maintaining an up-to-date Estate Plan can make an enormous difference for the people you leave behind. Alternatively, instructing a probate solicitor who can carry out thorough asset searches on your behalf means nothing important gets missed. - Errors in probate applications
Probate applications require detailed legal and financial information, and even small errors or missing documents can result in applications being rejected or significantly delayed.
Working with experienced probate solicitors from the start helps to ensure that your application is prepared accurately, submitted with all the required documentation, and progresses without unnecessary hold-ups.
How Boyletts Law can help
Many families begin by trying to manage probate themselves, only to find that the process is far more time-consuming and legally complex than they anticipated. Delays don’t just cause frustration — they can create real financial strain and uncertainty for everyone involved.
As your probate solicitor, we can help you with probate by providing practical, compassionate support throughout the entire process. We help families:
- Avoid unnecessary delays from the outset
- Handle all legal paperwork correctly and completely
- Communicate with HMRC and financial institutions on your behalf
- Resolve complications efficiently and professionally
- Gain peace of mind during an incredibly difficult time
We also offer an Online Probate Service for those who’d prefer to handle the process remotely — so whether you’re local to Sawbridgeworth or further afield, we’re here to help.
If you’re dealing with the Estate of a loved one and would like guidance from a specialist probate solicitor, please don’t hesitate to get in touch. We offer a free initial consultation, and our team will take the time to understand your situation and explain your options clearly — without jargon, and without pressure. Call us on 01279 295047, or complete our online contact form.