Introduction: When Death Triggers Administration, Not Closure

For many people, the word "probate" is still associated with dusty paperwork and delayed inheritances. But for those of us advising affluent families, we know it now represents something else entirely: complexity.

Probate has quietly evolved from a formal process into a technical, emotionally charged, and — at times — adversarial exercise. Executors can find themselves balancing not just tax and legal deadlines, but frayed family relationships, ambiguous digital footprints, and a growing sense that even the best-laid estate plans can unravel without professional guidance.

I’ve worked with clients where multi-jurisdictional assets, family trusts, and business holdings combined to turn what should have been a six-month administrative process into a two-year legal ordeal. And I've also seen well-meaning spouses or adult children attempt to "do it themselves", only to face personal liability or irreparable family fallout.

Written by Keely Woods this article isn’t designed to scare. It’s here to clarify — to guide you through what probate is, why it's becoming more complicated, and how to navigate it when the estate in question is anything but simple.

What Is Probate and When Is It Required?

At its core, probate is the legal process of administering someone’s estate after they die. If the person who has died left a will, the executor named in that Will must apply for a Grant of Probate — an official document giving them the legal authority to deal with the deceased’s property, finances, and obligations.

If there’s no Will, or if the Will is invalid, probate still applies — but the process is referred to as letters of administration and the administrator is appointed according to a strict legal hierarchy. In both cases, the core function is the same: to identify the estate’s assets, pay off debts and taxes, and distribute what’s left to the rightful beneficiaries.

Despite common belief, probate isn’t always required. Small estates (typically under £5,000 in value) may be exempt. Similarly, jointly held assets — such as bank accounts or property owned as “joint tenants” — usually pass directly to the surviving joint owner and fall outside the scope of probate.

That said, it’s becoming increasingly rare for high-net-worth estates to bypass probate entirely. Multiple bank accounts, investment portfolios, foreign property, business shares, and trust entitlements all require formal assessment, even if they’re held within wrappers or managed through advisers.

And it’s not just about what you own — but how you own it. For example, assets held in trust may not be subject to probate but will still need to be reported for tax and estate planning purposes. Similarly, if the deceased was a shareholder in a private limited company, the Articles of Association may contain specific clauses about what happens next — but these won’t negate the need for probate.

This distinction — between technical requirement and practical necessity — is where many executors come unstuck. Probate is not just a piece of paper. It’s a gatekeeper to wealth, legal control, and (in many cases) family harmony.

“A well-crafted Will and a smooth probate aren’t just legal necessities — they’re your final act of financial clarity. Leave a legacy, not a logistical mess.”

– Luke James, Chartered Financial Planner, Lucent Financial Planning

Why Probate Is Getting More Complicated

The idea that probate is simply about “getting the Will through” is now dangerously outdated — especially for financially successful families. Over the past decade, probate has become more administratively burdensome, legally nuanced, and emotionally fraught. It's not just the paperwork that’s increased, but the unpredictability.

Below are the key reasons why today's estates particularly complex or high-value ones are becoming harder to administer without professional support:

• Diversified Asset Holdings: Modern estates often span multiple platforms, structures, and jurisdictions. A single individual may hold UK pensions, offshore ISAs, private equity funds, and company shares. Establishing ownership, access rights, and valuations across varied holdings takes time — and often specialist input — adding complexity and delay.
• Increased HMCTS Delays and Processing Backlogs: The average time to receive a Grant of Probate in England and Wales now routinely exceeds 16 weeks — and that’s assuming paperwork is complete and uncontested. Understaffing, system reforms, and surging applications have turned once-routine timelines into an administrative headache for families already under stress.
• Poorly Drafted or Outdated Wills: A Will that hasn’t been updated in 10 or 20 years may no longer reflect the person’s wealth, family structure, or intentions. Worse, DIY Wills or improperly witnessed documents are increasingly common — leading to ambiguity, disputes, or full-blown legal challenges that freeze the estate indefinitely.
• Digital Assets and Missing Information: From cryptocurrency wallets to subscription services and online-only investment platforms, digital assets are often overlooked during probate. Many are password-protected with no physical trail. The lack of a documented digital inventory can lead to lost value and frustrating detective work for executors and solicitors.
• Contentious Probate and Family Disputes: Claims under the Inheritance (Provision for Family and Dependants) Act 1975 have risen sharply, particularly from estranged adult children, cohabiting partners, or step-relatives. Where expectations haven’t been managed, or dependants feel unfairly treated, probate becomes a battlefield — emotionally and financially.
• Inheritance Tax Complexity and Reporting Duties: Larger estates must now navigate a minefield of IHT thresholds, reliefs (e.g. Business Property Relief, Residence Nil-Rate Band), and tight reporting deadlines. HMRC's increased scrutiny of valuations and lifetime gifts means executors face growing compliance pressure — with penalties for getting it wrong.
• Trusts, Gifts, and Lifetime Planning Complications: While tax planning during life can reduce the burden at death, it often introduces layers of complexity. Assets held in Trust, gifts made within seven years, and joint ownership arrangements must all be correctly declared and valued — and can easily create confusion when records are unclear or advice was fragmented.
• International Assets and Foreign Property: Owning property abroad or holding non-UK investments triggers jurisdictional conflicts, translation requirements, and — in some cases — the need for a separate probate process in each country. Even EU nations have different inheritance laws and formalities, which can significantly delay or derail the UK administration timeline.

“We’re long past the days when probate meant signing a few forms and distributing the Will. Today, it’s a legal, logistical and emotional balancing act.”

– Ellie Pemberton, Financial Planner, Lucent Financial Planning

The 7 Key Steps for Navigating Complex Probate

When someone dies, the emotional impact alone is often overwhelming. Add to that a complex financial estate, expectant beneficiaries, tax deadlines, and legal obligations — and it’s no wonder many executors feel out of their depth. While every estate is different, these seven steps form the core framework for handling complex probate with clarity and confidence.

Step 1: Organise the Paperwork and Understand the Estate

The first and most vital task is to gather all documentation. That means more than just locating the Will. You’ll need death certificates, marriage or divorce records, property deeds, investment statements, life insurance policies, loan agreements, pension valuations, and, increasingly, login credentials for digital accounts.

If the deceased was financially sophisticated, this stage can take weeks. You may uncover dormant holdings or discover assets previously unknown to the family. The goal is to build a full inventory of the estate’s assets and liabilities before taking any formal action — not just to satisfy probate, but to reduce future disputes.

Read our article: What is estate planning and why is it important

Step 2: Assess the Complexity — and Seek Professional Advice

Not all estates are equal. What appears simple on the surface can hide significant legal nuance. A modest-looking estate with gifts made to family members, joint ownership quirks, or a discretionary trust buried in a pension could require legal or tax interpretation.

That’s why an early assessment is essential. Engaging a probate solicitor or working with a financial planner who specialises in estate administration will help you avoid missteps. They’ll identify areas where regulation bites — and where a wrong decision could trigger a tax bill or beneficiary claim down the line.

Step 3: Value the Estate and Calculate Inheritance Tax

Next comes the challenge of valuation. Assets must be assessed at their open market value as of the date of death — including property, business interests, art, jewellery, and shareholdings. HMRC expects valuations to be fair and well-documented, particularly for estates that exceed the nil-rate band.

Inheritance Tax is one of the most misunderstood aspects of probate. For high-value estates, tax can be due before the Grant of Probate is even issued. This can create liquidity issues if funds are tied up in illiquid assets, such as property or unlisted shares. In such cases, a professional adviser can help arrange a loan or negotiate instalment options with HMRC.

Step 4: Apply for Probate and Begin Administration

With valuations complete and the appropriate IHT forms submitted, the executor can apply for the Grant of Probate. This legal document gives the executor authority to begin the administration — accessing bank accounts, selling property, paying debts, and managing assets.

This stage is often where timelines begin to stretch. Delays at the Probate Registry, missing documents, or disputes over valuations can stall the process. Executors are also legally required to keep meticulous records of decisions and transactions, and they must act in the best interest of all beneficiaries — not just the ones they’re close to.

Step 5: Settle Debts and Manage Expectations

All outstanding debts must be paid before any assets are distributed. This includes credit cards, loans, unpaid tax, and care fees. The executor should also place a statutory notice in The Gazette to alert potential creditors — a safeguard against future claims.

Meanwhile, beneficiaries may be anxious or impatient. Communication becomes key. Being transparent about timelines, tax obligations, and estate complexity can prevent misunderstandings. An executor must walk the line between legal obligation and emotional sensitivity — particularly in blended families or where estranged relatives are involved.

Step 6: Address Disputes and Claims Promptly

Unfortunately, even the most well-planned estates can encounter turbulence. A disappointed family member may believe they were unfairly excluded from the Will. A former partner may claim financial dependence. Or a business partner may contest the transfer of shares.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals can challenge a Will if they feel reasonable provision wasn’t made. Early legal advice is essential here. Executors who proceed with distribution before resolving such claims risk personal liability.

Step 7: Finalise the Estate and Distribute Assets

Once all debts have been settled, taxes paid, disputes resolved, and records maintained, the executor can finalise the estate. This means preparing final accounts, distributing remaining assets, and formally closing the estate.

For complex estates, this may also include transferring trusts, setting up ongoing financial arrangements for vulnerable beneficiaries, or managing property and business assets beyond the point of probate. In all cases, transparency and documentation remain critical.

“Being an executor isn’t just ticking boxes — it’s a legal responsibility to do right by the person who passed and their beneficiaries. If you mess it up, you’re not just causing delays — you could be held financially and legally accountable.”

– Keely Woods, Chartered Financial Planner, Lucent Financial Planning

The Risks of Going It Alone

There’s a growing trend — particularly among financially literate families — to treat probate as a task they can “handle themselves.” I understand the instinct. After all, if you’ve built a successful career, run a business, or navigated complex investments, how difficult can a few forms and legal declarations really be?

Unfortunately, probate is not just about paperwork. It’s about responsibility — legal, financial, and personal. And for many executors, especially those managing estates of real value, that responsibility can quickly become a burden.

The first — and often most dangerous — misconception is that you can’t really get probate “wrong.” In truth, executors are personally liable for mistakes. That includes underpaying inheritance tax, distributing assets too early, missing creditors, or failing to follow the instructions of a Will with legal precision. I’ve seen clients inherit this role with the best of intentions, only to find themselves dealing with solicitors' letters months later — sometimes from HMRC, sometimes from family members.

Another risk is misjudging the estate’s complexity. On the surface, everything might seem straightforward: a house, a few bank accounts, perhaps a pension or two. But beneath that, you may find gifts made in the last seven years, undisclosed offshore investments, or an outdated Will that doesn’t reflect a recent marriage, getting a divorce, or business restructure. Each of these details has the potential to fundamentally alter the distribution — or tax position — of the estate.

Even in cases where there’s no conflict or dispute, executors often underestimate the time involved. Administering a complex estate is not something you slot in between meetings. It can take dozens of hours, stretch across 12–24 months, and require repeated engagement with banks, investment platforms, valuers, solicitors, and the Probate Registry. All while navigating your own grief or managing the expectations of other beneficiaries.

The emotional strain should not be dismissed either. When money is involved even among the closest of families relationships can fray. Executors may find themselves caught in the crossfire, especially if they're also a beneficiary. Professional advice provides a neutral buffer. It allows decisions to be made with objectivity, not emotion.

What many people don’t realise is that support doesn’t mean handing everything over. You can retain control while still leaning on professionals to manage valuations, complete tax forms, prepare probate submissions, or interpret legal structures. In fact, that’s often the most efficient and cost-effective approach — particularly if it avoids later disputes or delays.

“Being an executor isn’t just about knowing what you’re doing — it’s about owning it. And when the estate’s a bit messy or emotions are running high, trying to wing it without proper advice? That’s a risk you don’t want on your shoulders.”

– Luke James, Chartered Financial Planner, Lucent Financial Planning

Ultimately, probate is not the time to prove you’re capable. It’s the time to ensure things are done correctly, compassionately, and in accordance with the law. Your role is to honour the legacy of the person who has died — and to protect those they left behind. Trying to go it alone may save fees in the short term, but it can cost far more — emotionally, legally, and financially — if something goes wrong.

Answers to Common and Costly Probate Questions

Even the most prepared families have lingering uncertainties when it comes to probate — and a single unanswered question can delay the entire process. Here are some of the most common queries I hear from clients, particularly when the estate isn’t straightforward.

1. What happens if there’s no Will?

If someone dies without a Will — known as dying intestate — their estate is distributed according to a fixed legal hierarchy. This rarely reflects modern family arrangements. Cohabiting partners, stepchildren, or close friends typically inherit nothing unless provision was made elsewhere. A formal application for letters of administration is required, and the process is often slower and more emotionally fraught.

2. What if the deceased had debts?

Debts don’t vanish. They must be repaid from the estate before any assets are distributed. This includes mortgages, credit cards, care home fees, and unpaid taxes. Executors should place a notice in The Gazette to protect themselves from future claims. If debts exceed assets, the estate may be insolvent — and handling it without legal advice is a serious risk.

3. How do I pay inheritance tax?

Inheritance Tax must usually be paid before the grant of probate is issued. This can create liquidity problems. HMRC does allow instalments for certain assets, such as property, but interest may apply. It’s essential to plan ahead — particularly for large or illiquid estates — to avoid delays and penalties.

Can You Expedite Probate?

With average probate timelines now stretching well beyond 16 weeks — and considerably longer for complex estates — it’s no surprise that clients frequently ask how the process can be accelerated. While there’s no official “fast track” for probate in England and Wales, there are several practical ways to prevent unnecessary delays.

First, start gathering documents immediately. Executors can begin collecting death certificates, account statements, pension details, property valuations, and outstanding debt information even before receiving the Will. Missing paperwork is a leading cause of HMCTS bottlenecks.

Second, submit complete and accurate Inheritance Tax (IHT) forms early — particularly for taxable estates. If IHT is due, payment must be made before the Grant of Probate is issued. Liaising with a financial planner or tax adviser can help ensure HMRC paperwork is submitted without error or omission, which otherwise triggers lengthy correspondence.

Engaging professionals from the outset can also help identify problematic elements early — such as Trust structures, international assets, or incomplete lifetime gift records — and prepare the correct supporting documents in parallel with the probate application.

Finally, avoid chasing the Probate Registry unnecessarily. While delays are frustrating, constant queries can slow things further. A well-prepared, professionally submitted application is still your best route to a timely grant.

NOTE: To get an IHT form, you can either call the HMRC helpline for probate and Inheritance Tax enquiries on 0300 123 1072 or download one online on GOV.UK.

Conclusion: Probate Requires More Than Paperwork It Requires Foresight

For all the emotional significance of a Will, it’s the probate process that brings a person’s financial legacy to life — or exposes its flaws. Administering an estate today is no longer a simple administrative duty. It’s a legal and logistical undertaking, shaped by rising complexity, evolving tax rules, and increasingly fragmented family structures.

As we’ve explored, the challenges often lie not in what’s obvious — but in what’s overlooked: outdated Wills, incomplete records, digital assets, unspoken expectations. And while Probate can rarely be made painless, it can be made orderly.

Whether you’re acting as an executor now, or preparing your own affairs for the future, one truth remains: clarity protects both wealth and relationships. And navigating probate well is as much about safeguarding family harmony as it is about distributing assets.

“Probate is the final chapter of your financial life — and how well it’s written depends on the planning that comes before.”  

– Keely Woods, Chartered Financial Planner, Lucent Financial Planning

A Thoughtful Next Step

If you're managing probate today — or want to ensure your own estate is prepared for tomorrow — our team offers calm, expert support grounded in practical experience. There’s no obligation, just a confidential conversation with someone who understands both the complexities and the emotional weight of the process.

Feel free to get in touch when you’re ready.

Disclaimer: This article does not constitute financial advice. We recommend that you speak to a qualified financial planner for advice tailored to your individual circumstances and goals. Financial markets may go up or down, and you are not guaranteed a return on your investment. Past performance is not necessarily a guide to future performance.