Probate is rarely a simple or speedy process, especially during a time of grief. It can bring unexpected delays, emotional strain, and financial pressure.
The National Bereavement Service understands how overwhelming this experience can be and is here to help.
That’s why we have compiled the ten most common challenges people face during probate and provided practical steps to help you avoid or ease them.
We aim to support you through the process with clarity, compassion, and confidence.
Although the official guidance suggests probate can be completed within 16 weeks, many applications take much longer. Complex cases often exceed six months, and some estates take a year or more to resolve. The main causes of delay are incomplete forms, missing inheritance tax details, or backlogs within the court system.
How to avoid it: You can reduce the chance of delays by preparing carefully in advance. Gather all documents, including the original will, death certificate, details of bank accounts, and property valuations. Apply online, as this is often faster than paper applications. Before submitting, go through every form line by line to check for errors or omissions.
It can also help to keep a checklist of required documents so nothing is missed. If you are unsure about any step, speaking to a professional adviser can save time later.
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Probate often brings family disagreements to the surface. Common disputes include challenges to the validity of a will, disagreements over how assets should be divided, and questions about whether an executor is acting fairly. In blended families or where expectations differ, tensions can quickly escalate into legal disputes.
How to avoid it: The best way to prevent disputes is through clear and open communication. Keep all beneficiaries updated on progress and decisions, and be transparent about timelines and costs. If disagreements begin to arise, consider using a mediator rather than allowing matters to escalate into formal legal action.
For executors, keeping written records of decisions and correspondence helps demonstrate that you are acting fairly and within the law.
Early legal advice can also provide reassurance and avoid costly conflicts later.
If the original will cannot be found, if multiple versions exist, or if a will is deemed invalid, the estate may be distributed under intestacy rules. This can lead to outcomes very different from what the deceased intended and may create further distress among family members.
How to avoid it: Search thoroughly for the most recent signed will, including contacting the deceased’s solicitor or checking if it was stored with a bank or probate registry. Executors should always ensure they are working from the correct version of the will and not an outdated draft.
If no valid will can be located, the estate will fall under intestacy law, so it is worth consulting a solicitor to fully understand what this means and how it will affect beneficiaries. Taking these steps early can prevent confusion and conflict later.
Executors carry significant responsibility. Some may feel overwhelmed by the role, especially if they live abroad or have limited time. In certain cases, disputes arise between executors and beneficiaries, which can stall the process and create additional stress.
How to avoid it: Executors should be realistic about what the role involves. It is not only a legal responsibility but also a time-consuming one that may last many months.
If you are named as an executor and do not feel able to take on the responsibility, you can choose to renounce the role or reserve your power, allowing another executor to act. Where executors are struggling, professional support from a solicitor can lighten the load.
Beneficiaries should also be kept informed to reduce misunderstandings and disputes.
Inheritance Tax must be paid within six months of the death. Missing this deadline can result in interest charges and penalties. The process is made more difficult if the estate contains property or pensions that cannot easily be accessed to pay the tax bill.
How to avoid it: Start by checking as early as possible whether the estate is likely to be subject to Inheritance Tax. Use the correct HMRC forms and keep records of all calculations. If funds are tied up in property, you may be able to arrange instalment payments with HMRC.
Executors should also be aware that they may be personally liable if tax is paid late or incorrectly, so it is often worth seeking professional guidance to ensure everything is submitted correctly and on time.
Accurately valuing assets is a key part of probate. Property, shares, businesses, and overseas assets can be difficult to assess. If valuations are incorrect, this can delay tax calculations and the release of the estate.
How to avoid it: Professional valuations should be obtained for high-value or complex assets such as property, antiques, or company shares. Keep detailed notes on how valuations were calculated, as HMRC may request evidence if figures are queried.
Executors should avoid relying on rough estimates, as these can cause issues later. Where there are multiple beneficiaries, a clear and well-documented valuation process can also prevent disagreements about the fairness of asset distribution.
Sometimes, creditors only come forward once probate has started. If assets are distributed before these debts are discovered, executors can be held personally liable.
How to avoid it: Executors should make every effort to identify all debts before distributing assets. This includes checking bank statements, correspondence, and credit reports. To provide extra protection, executors can publish Statutory Notices in appropriate newspapers or legal journals.
This gives potential creditors a set period to come forward and ensures that executors are not held personally liable for claims that appear after the estate has been settled.
Unfortunately, fraudulent wills are a growing issue. In some cases, forged documents or false claims can threaten the rightful inheritance of beneficiaries. Executors and families need to be alert to anything unusual.
How to avoid it: Always check the will carefully. Warning signs might include signatures that do not match, incorrect names, or unexpected last-minute changes. Executors should verify that the will was properly signed and witnessed. If anything seems suspicious, seek legal advice immediately.
Taking action early can prevent fraudulent claims from disrupting the process.
Procedures differ depending on where the deceased lived. In Scotland, the process is called Confirmation, while Northern Ireland, England and Wales each have their own systems and requirements. These regional differences can cause confusion, especially when under the added stress of loosing a family member or friend.
How to avoid it: Make sure you are following the correct process for the region in which the deceased lived. In Northern Ireland, for example, applications go through the High Court and often involve an interview process. Understanding these differences early will save time and prevent costly mistakes.
If you are unsure, speaking to an adviser who understands regional rules can provide clarity.
Probate requires a great deal of organisation, paperwork, and persistence. For many people, the emotional strain of managing deadlines and finances while grieving can be overwhelming. Even in straightforward cases, the process can last many months, while complex estates often take a year or more.
How to avoid it: Accept that you may not be able to do everything yourself. Executors should ask family or professionals for help when needed. Keeping a simple timetable of tasks can make the workload feel more manageable.
Talking to impartial advisers can also make the process less lonely and stressful. The most important step is recognising that support is available and that you do not have to face everything alone.
The process presents many challenges. Delays, disputes, tax complications, fraud risk, and emotional pressure are all common. The good news is that each one can be reduced or avoided with careful planning and suitable support.
The National Bereavement Service offers free, impartial guidance for every UK resident. Whether you are unclear about whether probate is needed or are dealing with a complex estate, we are here to support you every step of the way.
Speak to the NBS today and gain the support you need with clarity and confidence.
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