Lawyers Specialising in Executor Disputes
When a loved one dies, probate is often an essential step before their estate can be distributed. The executor named in the will is responsible for leading this process. But what if they drag their feet, leaving the family waiting for months or even years? Can an executor delay probate indefinitely — and what can beneficiaries do about it?
Worried about a possible Executor Dispute? Call our specialist lawyers on FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached.
Duties and the “executor’s year”
An executor has a legal duty to collect in the estate, pay debts and taxes, and distribute what remains to beneficiaries. The law does not set a strict deadline for completing probate. However, courts have historically expected executors to commence distribution of the assets within a year of death, often referred to as the “executor’s year”.
However, post Covid, probate has been subject to considerable delays. For example, before the pandemic, the probate registry typically took 1–2 weeks.
Post Covid that ballooned to 3–6+ months, although by summer 2025 there had been significant improvements, with digital applications averaging around 5 weeks, and paper applications still slower but better than before.
If probate is still outstanding after a significant period, beneficiaries are entitled to ask for an explanation. In some cases if the executor is delaying probate, you can take legal action to compel the executor to move things along.
Click here to find out more about the role of the executor in probate
Why executors delay probate
Not every delay is deliberate. And delay is not uncommon with estate administration. 3rd parties, in particular, can be very slowing providing information your executor needs.
Some of the most common reasons for causing delay in estate administration reasons include the following:
- Complex estates – e.g. overseas assets, business holdings, or unclear ownership of property.
- HMRC issues – disputes about inheritance tax can take time to resolve.
- Family disputes – arguments over the will or validity of gifts may stall progress.
- Practical difficulties – lost paperwork, slow banks, or executors living abroad.
- Lack of knowledge – lay executors may not understand their duties.
- Deliberate delay – sometimes executors delay because it suits their interests, or because they are unwilling to act.
- Banks Slowing Their Probate Responses – a recent survey found that 46% of executors described banks as “slow” or “very slow” in handling probate-related requests. Further research showed that banks in the UK generally take 2 to 6 weeks to release funds once they have received the grant of probate and all required documents, with delays extending beyond that particularly when documentation is incomplete or the estate is complicated
And add to that, delays at the Probate Registry as detailed above.
The impact of probate delays
Delays in probate can cause real hardship. Beneficiaries may be unable to access funds, properties may remain unsold, and tax liabilities may increase. In some cases, families struggle financially because money is tied up in the estate for years.
What beneficiaries can do
If you suspect an executor is delaying probate without good reason, you have options:
- Request an update in writing – start with a formal letter asking for a clear explanation.
- Apply for an estate account – beneficiaries are entitled to see a record of the executor’s actions.
- Apply to court – if they still refuse to act, beneficiaries can ask the court to replace them.
- Remove the executor – under section 50 of the Administration of Justice Act 1985, the High Court can remove or substitute executors who fail in their duties.
Executors Delaying Probate? When should I seek legal advice
Dealing with an uncooperative person administering the estate of a loved one is stressful. Executor disputes can be complex and you need specialist legal advice. You may be unsure whether delays are genuine or deliberate. An experienced contested probate solicitor can:
- Review whether the executor is breaching their duties
- Write formal letters to put pressure on them
- Apply to court for accounts or their removal from the role if necessary
- Take over administration to ensure the estate is managed properly
And our lawyer’s advice is is simple – don’t sit on the issue for too long. If the executors are unreasonably delaying the process of probate, it’s probably unlikely the situation will get any easier. Delay is simply likely to increase your stress levels and possibly cost the estate significant sums –potentially increasing inheritance tax and other liabilities.
If probate is delayed, can the family still agree to change the estate?
Yes, provided all beneficiaries agree, a Deed of Variation can still be used within two years of death.
See more details about how to change a will after the testator’s death here
Conclusion
An executor cannot delay the process of estate administration forever. While the process can be complicated, beneficiaries are not powerless. If months or years have gone by with little progress, you are entitled to challenge the executor and, if necessary, seek their removal.
