Anyone waiting on probate grants could be twiddling their thumbs for some time, after recent data reported it is taking more than five months for some applications to go through.
HM Courts and Tribunals Service (HMCTS) revealed data that showed paper applications took an average of 20.3 weeks to be granted in January 2023, which is an increase from 19.6 weeks in December 2022.
The figures revealed the number of receipts in January had reached 26,464, which was the highest amount in nearly all of the last 13 months, Today’s Will and Probate reported.
At the same time, the total number of grants of probate that were issued in January was just 19,834, which was below the monthly average of 22,481 recorded in the 11 months leading to December last year.
December 2022 saw a seasonal decline in both applications and grants, falling to 18,123 and 16,692 respectively. However, January’s figures show the severity of the problem.
There is also a disparity with regards to the waiting time between digital and paper applications. Those who submitted online forms had to wait 8.4 weeks in January for a response, a rise from 7.6 weeks in December last year.
Frustratingly, some digital applications are stopped mid-process, such as if there are missing supporting documents, delaying the outcome of the grant.
Digital applicants who experienced this had to wait 18.6 weeks to receive their probate grant.
Stopped paper applications took even longer, with those who submitted the forms having to wait 26.3 weeks for an answer. This represents the second longest wait in 13 months, with October’s figure of 26.7 weeks being marginally longer.
The government claims it would be able to issue more than 50,000 extra grants a year if so many applications did not have to be stopped due to being incomplete. It also believes this would reduce the long waiting times.
The main reasons for stopping applications include being submitted too soon after sending information to HMRC; queries raised about the condition of the will; and executors of the state going missing.
The probate process is not over once the grant has been submitted, and it could take several months or even years to receive the estate. This depends on the complexity of the application, such as the size of the state, if there is a will in the first place, and whether the assets can be easily valued.
While there is no timeline for sorting out probate, the long delays could be causing issues for those who have to pay inheritance tax or capital gains tax on the estate, as these do have deadlines. Inheritance tax, for instance, needs to be paid within six months of the death.
If, however, friends or family cannot release finances from the deceased party before this, they could struggle to pay the tax. For instance, if someone leaves a property worth £750,000, the recipient will have to pay £100,000 in inheritance tax. However, without having access to the finances, they could find themselves in a position of having to borrow money or remortgage their own home to pay it.
Understanding probate, wills and inheritance tax can be complicated, so it is worth hiring probate solicitors in Epsom to handle the process for you.
