Can an executor delay probate?

When someone passes away and a will names an executor, people often assume the probate process should flow smoothly and quickly. But what happens if the executor delays applying for probate or administering the estate? It’s a question we see often and the simple answer is: yes, an executor can delay probate, but whether that is reasonable or acceptable depends on the circumstances.

What’s the executor’s role?

An executor (or personal representative, if no will exists) has the duty to apply for a Grant of Probate (or Letters of Administration) and then deal with the estate: valuing assets, paying debts, handling tax and distributing funds. The rules in England and Wales require them to act with “reasonable care and skill” and within a reasonable timeframe.

Why might there be a delay?

There are many valid reasons an executor might delay. These include:

• Discovering additional assets, overseas property or complicated investments they weren't made aware of.
• Waiting for taxes to be assessed or paid. For example, the application process can be held up if the estate’s inheritance tax return is incomplete.
• Disputes among beneficiaries or unclear instructions in the will.
• Executors who are inexperienced or managing estate duties alongside full-time work or other commitments.

According to an article from July 2024, the time required just to validate wills in England and Wales can now range from 12 to 24 weeks due to backlogs and complexities.

When is a delay not reasonable?

If an executor has done virtually nothing and the estate is straightforward, the delay may be considered unreasonable. The courts say that if more than 10 months have passed since the Grant of Probate was issued and no valid reason is given, beneficiaries may bring a claim for the executor breach of duty.

What can beneficiaries do?

If you feel the executor is delaying without reason, there are options:

Ask for a clear update and timeline from the executor.

If nothing changes, you may apply for a “citation” to require the executor to act or renounce their role. (Ashfords)

In some cases, the court may remove the executor and appoint a professional in their place.

If you're unsure and need advice, please get in touch with us today to arrange a free call.