Dealing with a loved one’s estate after their death can be both emotionally and logistically challenging. Probate is a crucial part of this process, as it gives the executor the legal authority to manage the estate. In the UK, tracking a probate application has become increasingly important due to the potentially lengthy and complicated nature of the process. This guide will explain how you can track your probate application, what to expect, and how to avoid common issues.
What Is a Probate Application?
A probate application is a formal request to the courts for the authority to handle a deceased person’s estate. When someone dies, their estate (property, assets, and possessions) needs to be distributed according to their will or, if there is no will, by law. This legal authority comes in two forms:
1. Grant of Probate: Issued when the deceased left a valid will. The executor, as named in the will, applies for this document to gain the authority to carry out the will’s instructions.
2. Letters of Administration: Granted when no will exists or when the named executor cannot fulfil their duties. In this case, a close family member usually applies to manage the estate.
Once either of these documents is issued, the executor or administrator can proceed with settling the estate—paying off debts, distributing assets, and closing financial accounts.
Can You Track a Probate Application in the UK?
Yes, you can track a probate application in the UK through the HM Courts & Tribunals Service (HMCTS) using their online Probate Tracking System. This system is designed to help executors, administrators, and solicitors monitor the progress of probate applications. To use this service, you’ll need:
- The case reference number provided at the time of your application.
- The name of the deceased whose estate is being processed.
Once logged in, you can view updates such as whether the probate application has been received, if it’s under review, or if further information is required. You’ll also be notified when the grant of probate or letters of administration are issued.
If you are unable to access the online service, you can also contact the Probate Registry directly via phone or email to get updates on your application. If you’ve hired a solicitor to manage the estate, they can also track the application on your behalf and provide you with regular updates.
Typically, the probate process takes between 8 to 16 weeks from the submission date, but delays can occur due to high volumes of applications or incomplete information. By tracking your application, you can stay informed and manage any potential issues promptly.
Why Would You Need to Track a Probate Application?
Tracking the progress of your probate application is vital for several reasons. The process can sometimes take 8 to 16 weeks but might extend longer in complex cases or if there are delays at the probate registry. By monitoring your application, you ensure that:
- You Are Up-to-Date on the Status: Tracking helps you stay informed about where your application stands. Delays are often due to incomplete information or high application volumes, and keeping track allows you to follow up or provide additional documentation if needed.
- Avoid Delays: If you know early on that your application has been flagged for additional details or has stalled for any reason, you can take proactive steps to address the issue, which minimizes delays.
- Estate Management: Knowing when the grant is issued is essential for managing the estate, paying debts, and distributing the assets according to the will or intestate rules.
Tracking gives you peace of mind during what can be a complicated and emotionally taxing process.
How Can You Track a Probate Application in the UK?
The UK’s HM Courts & Tribunals Service (HMCTS) has made it easier for individuals to track their probate applications through an online portal. The Probate Tracking System allows applicants to check the status of their probate applications in real time. Here’s how you can track it:
1. Use the HMCTS Online Probate Tracking System
The HM Courts & Tribunals Service (HMCTS) offers an online system that allows you to check the progress of your probate application. You will need the case reference number (provided upon application submission) and the name of the deceased. The online tracking system gives real-time updates about your application status, such as when it’s being processed or if additional information is required.
2. Access the Service
You can access the Probate Tracking System by visiting the official government website for probate services. After entering your case details, you’ll be able to see if your application has been received, processed, or approved, as well as any updates on required actions.
3. Contact the Probate Registry
If you don’t want to use the online system or are facing issues, you can call or email the Probate Registry directly. Be sure to have your case reference number and other relevant details at hand when making contact.
4. Solicitor Assistance
If you have hired a solicitor, they can track the application on your behalf using the same system. This is especially useful for individuals dealing with complex estates or those unfamiliar with the probate process.
By tracking your probate application, you can stay informed about any possible delays or additional documentation that may be required, ensuring that the estate is administered efficiently. The entire process can take 8 to 16 weeks depending on the complexity of the estate and the volume of applications being processed.
Alternative Ways to Track a Probate Application
If for any reason you’re unable to use the online system, or if you prefer traditional methods, there are other ways to keep track of your probate application:
- Contact the Probate Registry Directly: You can phone or email the Probate Registry. Be sure to have your case reference number on hand, as this will speed up the process.
- Solicitor Assistance: If you’ve hired a solicitor to handle your probate application, they can track it on your behalf. Solicitors have access to the same information via the probate registry and can provide updates as they become available.
These alternative methods might be more helpful for those less comfortable with digital systems or for individuals dealing with especially complex estates that might require legal oversight.
Common Issues When Tracking a Probate Application
While the tracking system simplifies the process, some common issues can still arise that might delay your application:
1. High Volume of Applications: Probate registries occasionally deal with high volumes of applications, which can cause delays. This is often the case following periods where many estates require administration, such as during global events like the pandemic.
2. Incomplete or Incorrect Forms: If your probate application is incomplete or contains errors, the registry may ask for further details, which can slow down the process.
3. Complex Estates: If the estate involves multiple properties, international assets, or is contested by beneficiaries, the probate process can be significantly longer.
Knowing these issues in advance helps set expectations and enables you to avoid preventable delays.
Tips for a Smooth Probate Application Process
Here are some key tips to ensure a smoother probate application process and avoid unnecessary complications:
- Prepare All Necessary Documents: Double-check that all required documents are correct and complete before submitting. This will reduce the chances of your application being delayed due to missing or incorrect information.
- Seek Legal Advice for Complex Estates: If you’re dealing with a large or complex estate, consider seeking legal advice. A solicitor specializing in probate can ensure that the process runs smoothly and can advise on complex legal matters.
- Patience and Regular Updates: Understand that probate can take time. Keep tracking your application but also be prepared for potential delays, especially if there are complications within the estate.
How Long Does the Probate Process Take in the UK?
While probate in the UK typically takes 8 to 16 weeks from submission to receiving the Grant of Probate or Letters of Administration, various factors can cause delays. Here’s a general timeline breakdown:
| Stage | Estimated Time |
| Application Submission | 1 day to 1 week |
| Review by Probate Registry | 8 to 16 weeks |
| Issuance of Grant of Probate | 1 to 2 weeks after approval |
In cases where the estate is contested, or if the probate registry requests additional information, expect the process to take longer.
What Happens After You Receive a Grant of Probate?
Once you receive the Grant of Probate or Letters of Administration, you’ll have the legal authority to manage the deceased’s estate. This involves:
- Paying Off Debts: Any outstanding debts must be settled from the estate’s funds.
- Distributing Assets: You can distribute the estate’s assets to beneficiaries as per the will or intestacy rules.
- Finalising the Estate: This includes tasks like closing bank accounts, selling property, or transferring shares.
If the estate is particularly large or complex, you may need legal assistance to ensure that everything is handled properly, especially if there are tax implications or disputes between beneficiaries.
Conclusion
Tracking a probate application in the UK has become much simpler thanks to the HMCTS online system. By staying informed, you can avoid unnecessary delays and ensure that the estate is handled efficiently. Whether through the online tracking service or with the assistance of a solicitor, keeping a close eye on your application ensures that you can manage the estate smoothly once the grant is issued.
What Are the FAQs About Tracking Probate Applications in the UK?
Can I track a probate application if I’m not the executor?
No, only the person who applied for probate (typically the executor or administrator) can track the application through the official system.
How often should I check the probate application status?
It’s advisable to check the status every two to three weeks. However, if there’s a specific deadline, such as property sales, more frequent checking may be necessary.
What should I do if my probate application is delayed?
Contact the probate registry or your solicitor to determine the cause of the delay. Often, delays can be resolved by providing additional documents or clarification.
Can a solicitor expedite the probate process?
While a solicitor can ensure that the application is correctly submitted and tracked, they cannot directly speed up the process once the application is with the probate registry.
How long does probate usually take in the UK?
The probate process typically takes 8 to 16 weeks, although more complex estates or legal challenges can extend this timeline.
What happens if my probate application is rejected?
You’ll need to resubmit your application with the correct or additional documents. This may add extra time to the process, so it’s essential to ensure the initial application is complete.
Is it possible to expedite a probate application?
In rare cases, probate can be expedited, such as for financial hardship, though approval for expedited processing is uncommon.
