Common probate mistakes that cause delay
Most probate delays are caused by avoidable issues. In many cases, the problem is not complexity, but sequence: steps taken in the wrong order, missing information, or incomplete documentation.
Below are common mistakes and practical ways to avoid them.
Guidance led by John Green
1) Starting the application before valuations are complete
Probate applications rely on accurate estate valuations. If figures are estimated or incomplete, the application may be delayed or require correction later.
Practical step: compile a complete asset and liability list first, then obtain date of death valuations.
2) Missing assets or liabilities
Executors sometimes discover accounts, policies, or debts after the process has started. This can create reporting issues and delays.
Practical step: confirm all financial institutions, check paperwork and correspondence, and keep a structured record.
3) Incorrect inheritance tax reporting
Even where no inheritance tax is payable, reporting obligations may apply. Errors here often cause delays.
Practical step: confirm which forms apply to the estate and ensure the figures match valuations and records.
4) Incomplete documentation
Missing documents, unclear copies, or incomplete supporting information can result in returned applications.
Practical step: keep a single checklist for required documents and confirm completeness before submission.
5) Poor record keeping during administration
Executors should be able to evidence decisions, payments, and distributions. Poor records can cause confusion and disputes.
Practical step: maintain a simple log of dates, actions, amounts, and supporting documents.
6) Distributing too early
Distributing the estate before liabilities are settled, or before appropriate checks are completed, can create avoidable risk for executors.
Practical step: follow sequence carefully and retain reserves where needed.
A structured approach reduces mistakes
Probate becomes easier to manage when handled as a sequence of stages with clear records and checklists. The Structured Probate Assistance Guide provides an organised framework to follow.
See what the guide includes