Probate helpline opening hours cut for 12 weeks – what you need to know

Opening hours for the probate helpline will be reduced for the next three months in a move to speed up applications.  

HM Courts and Tribunal Service (HMCTS) said staff will instead be redeployed to help process applications during a period of ‘increased demand’. 

This means relatives chasing updates from HMCTS will need to call the helpline in the morning before it closes at 1pm. 

Here, Which? explains what the changes mean for you, how long it currently takes to get probate, and five tips on how to avoid probate delays.

What is probate?

Probate is required for all but the smallest estates. Without it, executors aren’t able to distribute the estate of a person who’s passed away.

A Grant of Probate is often requested by financial institutions to access bank accounts, sell assets and settle the debts of someone who has died.

Once it’s granted, the executor will have the legal authority to administer the deceased's estates in accordance with their will.

Find out more

What’s happening with the helpline?

The helpline will operate from 9am–1pm Monday to Friday for the next 12 weeks. Previously, the helpline was open until 5pm during the working week. 

A spokesman said: ‘We are temporarily moving staff off our phone lines so they can instead help us process applications more quickly during a period of increased demand.’

The spokesman added that people will continue to be able to submit probate applications in the usual way, and can access the webchat all day. 

Applications can also be tracked on the Gov.uk website.

Find out more

‘There needs to be sustained improvements to probate service’

In response to the revised hours, the Law Society of England and Wales said it had long highlighted concerns around performance and the level of expertise among staff. 

President Nick Emmerson said: ‘We recognise HM Courts and Tribunals Service’s efforts in reducing delays and cautiously agree with the temporary reduction of probate enquiry line opening hours in order to address a forecasted peak in applications.’

Probate applications tend to increase in the winter months due to a higher mortality rate. 

Emmerson added: ‘HMCTS must ensure there is a strong workforce with the required knowledge and expertise to handle both digital and paper applications. Without a new level of staffing, the change in probate enquiry line opening hours will be in vain and our members’ clients will continue to suffer.’

Find out more:

How long does probate take?

The Law Society said it had been aware of significant delays to the probate service for some time, with members citing delays of more than 30 weeks.

According to the latest monthly statistics from HMCTS, probate applications took an average of 13.6 weeks in December – down from 15.8 in November.

Paper applications took an average of five months (20.7 weeks), which is far longer than digital applications, which took an average of three months (12.3 weeks). 

The worst delays impact applications that are stopped. When applications are stopped, they’re moved to a separate queue for processing, while waiting for the missing information or documents needed.

Digital applications that were stopped took 19.9 weeks in December, and stopped paper applications took 27.6 weeks on average.

What's being done to speed up delays?

HMCTS told Which? it has hired and trained more staff to deliver sustained improvements, and record numbers of grants were issued in October and November with more than 27,000 each month.

It said the majority of applications were being processed in 12 weeks on average. 

Back in November, the House of Commons launched an inquiry into probate delays. The cross-party committee of MPs will take evidence on:

  • Capacity, resources and delays across the probate service
  • The impact of digitisation, including the effectiveness of the probate portal
  • People’s experiences, including how beneficiaries, executors and the bereaved are supported through the process and protected from ‘rogue traders’ 
  • Fees and thresholds.
  • The call for evidence has now closed and we're waiting for the committee to report back on its findings. 

    Find out more:

    5 ways to avoid probate delays

    Although probate delays are largely out of your hands, there are some things you can do to give your application the best chance of being processed quickly. 

    1. Use our step-by-step probate guide

    2. Make a will and keep it updated

    If you’re worried about your own estate and how delays might affect your family, you should make sure you have an up-to-date will.

    Find out more

    3. Keep a paper will in good condition

    According to HMCTS, it will stop applications that have unexplained changes to the condition of the will, to reduce the risk of fraud. 

    Changes it looks out for include staple holes, rips and stains.

    4. Apply online

    Digital applications are processed far quicker on average. 

    5. Get help to avoid mistakes

    If you’re struggling, you can call the HMCTS digital support helpline on 0330 016 0051. The helpline will operate from 9am– 1pm Monday to Friday for the next 12 weeks, but the webchat can be accessed all day.

    For advice at any stage, call the Which? legal advice service on 0292 168 2178. It costs £9 a month, with a £29 upfront fee (or £99 a year all-in). You can cancel at any time.

    Find out more:

    source https://www.which.co.uk/news/article/probate-helpline-opening-hours-cut-what-you-need-to-know-aD1nC6H59N99
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