This administrative process is often referred to as the ‘probate process’. Probate, also known as ‘Confirmation’ in Scotland, is a legal document issued by the court that gives the appointed person named in the Will (the ‘executor), or the next of kin where there is no Will, the authority to deal with the deceased person’s property, possessions and accounts.
This can be a lot to deal with, which is why many seek the help of a solicitor. The expectation is that these legal experts will process everything quickly and with less hassle. The reality, however, is that involving a solicitor can lead to significant delays – of up to 12 months – as well as generating huge additional costs.
Thankfully, there are solutions around this. The key is to explore all your available probate options, so you can manage the process in a way that works best for you.
Understand when solicitors are not necessary
Whilst it’s common to associate probate with legal assistance, solicitors are only required in very complicated situations, or when there is no Will and the person’s assets and accounts (their ‘estate’) is worth more than £250,000. Otherwise, it’s perfectly acceptable for the executor to manage the probate process by themselves.
Those less familiar with the relevant forms may, however, have concerns as the Sheriff Court is extremely fussy about how the applications are presented and there isn’t any clear guidance available. This often leads to families turning to solicitors prematurely, inadvertently increasing costs and prolonging the process – despite the fact that those handling relatively straightforward estates are also able to seek faster and more affordable support online.
Consider probate experts over traditional solicitors
The primary reasons behind solicitors’ delays is the fact that they handle large caseloads and rely on relatively basic technology, with many highly administrative processes to deal with each day. This often means that probate cases get repeatedly placed on the backburner.
Turning to online probate specialists in place of traditional solicitors, where appropriate, is an ideal solution for relatively straightforward situations, as these professionals can provide specialist and fast support. Focussing solely on probate, they are equipped for much more detailed, speedy resolution, protecting applicants from the additional barriers often encountered when dealing directly with law firms.
Using the local Sheriff Court
In cities like Edinburgh and Glasgow, it can take up to 12 weeks for the Sheriff Court to process a Grant of Confirmation – the legal document required to administer the estate. However, this document may be received in a matter of days in smaller towns and villages. When solicitors are involved, however, this timescale extends to an average of 6 to 12 months, leaving families waiting much longer than anticipated to tie up the estate.
Furthermore, if the estate is worth over £36,000 then the court will offer no guidance, and each court has its own preferences as to how the applications should be presented which can make facing the probate process independently – without the help of a probate expert – daunting.
For families and executors looking for rapid resolution, it’s therefore critical to understand how local court procedures work and being aware of local differences to ensure smoother outcomes and plan for potential delays. Whilst it is possible to do your own research, this can prove nigh on impossible, which is why probate assistance may well be your best ally. Think of it as a middle-ground solution, combining the affordability of a DIY approach with the practical support of external experts – without solicitor slowdowns and price-tag.
Gather all documentation early
Whichever approach you choose, gathering all your paperwork early on can really help to streamline the process. You will need the Will (if applicable), death certificate, and date of death values/balances for any bank accounts and investments, in addition to physical assets such as property, personal belongings and cars.
Having this documentation ready can prevent unexpected delays caused by missing information.
Be prepared for potential complications
Whilst probate delays are often due to the reasons listed above, other complications can also slow things down. For instance, if there are disputes over the Will, concerns over estate valuation or tax implications tied to the estate, delays can happen. Being proactive about these issues can help, with probate specialists able to offer insights into tricky issues.
Stay informed and follow up
Finally, keeping on top of your probate application through regular communication with any professionals involved is essential. Whilst these experts might do the heavy lifting, it’s still important to stay involved, asking any questions to ensure everything is progressing as planned. Understanding what stage your application is at also helps to address potential issues quickly, with those using a solicitor advised to request regular updates and clarifications to prevent their paperwork from being sidelined.
Minimising probate delays
Probate is usually a totally unfamiliar process for those going through it – but with the right approach, delays can be minimised. By understanding when legal assistance is actually necessary, choosing specialist support wisely, and maintaining active involvement throughout, you can speed up what is often a prolonged and challenging experience for quicker resolution, peace of mind, and more time to focus on grieving and getting on with your life.