Estate planner shares five tips for families facing probate delays

An estate planner has shared his advice for bereaved families who are navigating probate following the death of a loved one.

Steve Bish, from S Bish Estate Planning says that it’s better to expect delays to a Grant of Probate and plan accordingly than be left in limbo with bills which still need paying.

Despite a cut in the time taken for simple Grants of Probate to be made, the award-winning advisor and author believes that preparation is essential for any estates which include businesses or properties with bills which need paying.

“If you’ve ever been involved in administering an estate, you’ll know that grief and paperwork rarely arrive separately,” he says.  

“While probate is often viewed as the moment everything can finally move forward, the reality is very different. Businesses still need running, bills still need paying, properties still need maintaining and families are often left trying to make important decisions before they have formal legal authority.

“No family wants to think about probate until they have to. Yet the period immediately following a death is often when people are at their most vulnerable, emotionally and practically.

“The estates that navigate probate most successfully aren't necessarily those with the most paperwork. More often, they're the ones where expectations have been discussed, responsibilities are understood and practical information is readily available. 

“Recent delays in the probate process have highlighted something many professionals have known for years: life doesn't pause simply because probate hasn't been granted.

“The good news? There are practical steps that can make this difficult period far less stressful.”

Steve’s five tips for managing probate delays

1. Don't wait until probate to start organising

Many people assume nothing can happen until probate is granted and the legal rights have been granted to the executor. While certain actions must wait, much of the preparation doesn't.

To avoid delays, it’s best to create a list of assets, gather financial information, locate important documents and understand who the key advisers are. The more organised everything is, the smoother the process becomes once authority is granted.

Preparation isn't about rushing the legal process it's about reducing unnecessary delays afterwards.

2. Allocate tasks 

One of the biggest causes of confusion is uncertainty over roles.

• Who should be speaking to the solicitor?
• Who should liaise with financial advisers?
• Who is responsible for the property?
• Who is paying any bills? 

Without clarity, families can unintentionally duplicate work, make conflicting decisions or place unnecessary pressure on one another.

Having agreed responsibilities early helps everyone work together more effectively.

3. Keep clear records

During emotionally difficult times it's easy for conversations and decisions to become blurred.

If urgent actions are taken such as paying essential bills, maintaining property or dealing with business matters before funds from the estate have been released, keep a simple record of:

• What was done and how much was spent
• Why it was necessary 
• Who agreed it 
• Any supporting evidence, especially receipts and invoices

Good record keeping protects everyone involved and provides transparency later.

4. Communicate regularly

Silence often creates more anxiety than delays themselves.

Whether you're an executor, family member or adviser, regular updates help manage expectations.

Even if there is little progress, letting everyone know where things stand reduces uncertainty and prevents misunderstandings. While probate can take only weeks in some cases, in others it can take months so it is important to keep lines of communication open. 

5. Plan before it's needed

Perhaps the biggest lesson from delayed probate isn't about probate at all; it's about preparation. A well-written will is only part of the picture.

Families also benefit from knowing:

• Where important information is stored 
• Who key advisers are 
• How digital accounts can be accessed 
• What immediate priorities are 
• Who should coordinate communication 

These conversations can make an enormous difference when the unexpected happens.

Four Common Myths About Probate Delays

Myth 1: ‘Nothing can happen until probate is granted.’

Not true. Whilst legal authority is limited, many practical preparations can and should begin immediately. Organising paperwork, notifying organisations and gathering information all help keep the estate moving forward. 

Myth 2: ‘Probate delays only affect large or complicated estates.’

Complex estates can certainly take longer, but straightforward estates can also experience delays depending on processing times, documentation or unexpected issues. HMCTS say the fastest way to process estates is by filing online and submitting documents quickly. 

Myth 3: ‘The executor can simply do whatever is necessary.’

Executors have important responsibilities, but acting before formal authority exists can create legal and financial risks if decisions go beyond what is appropriate. Good intentions don't remove personal responsibility. 

Myth 4: ‘Having a will means everything will be straightforward.’

A valid will is hugely important, but it doesn't automatically answer practical questions about communication, access to information or managing the period before probate is granted. The best outcomes usually come from combining good legal planning with good practical planning.

Whilst no one can eliminate delays, thoughtful preparation can significantly reduce the stress they create. After all, when life changes unexpectedly, it's not just the legal process that matters, it's helping the people left behind navigate it with confidence.