Many people assume probate is fairly straightforward. Someone dies, the executors follow the will and distribute the estate, and everyone moves on with their lives.
However, in reality, things can look very different. Even the most organised estates with valid wills can get tied up for years. During that time, executors may have to manage frozen bank accounts, property sales, tax deadlines and other financial pressures, often while dealing with grief themselves.
For many people, the biggest shock is how much responsibility falls on the executor. In this article, we’ll explain the role in more detail, talk about the pitfalls of probate, and help you make preparations for a smooth process when the time comes. Let’s get started.
Why is being an executor so challenging?
People usually agree to become executors out of a sense of family or friendship duty. Most of the time, they don’t fully understand what the role involves.
Executors are legally responsible for administering the estate correctly. That can mean dealing with HMRC, banks, insurers, estate agents, lenders and solicitors at the same time. They may need to arrange property insurance, manage rental income, settle liabilities and oversee property sales. The process can last far longer than expected. Some estates remain unresolved years after death, particularly where property or tax complications arise.
One of the main problems is that executors are expected to meet stringent standards, even if they have no previous experience in the role. Courts rarely accept ‘I don’t know’ as a defence if mistakes happen. That can put extraordinary pressure on someone who is just trying to help their family.
This is why conversations before death matter. People should speak openly with anyone they plan to appoint as their executor. The role should never come as a surprise. Getting professional advice early in the process can also prevent small problems from becoming major issues later on.
What can delay probate?
One of the biggest probate problems is timing. The deceased person’s bank accounts are usually frozen immediately after death. However, their financial obligations do not stop:
- Mortgages and other loans still need repaying
- Insurance premiums still fall due
- Properties still need to be maintained
Empty properties create particular risks. A vacant home may require specialist insurance and maintenance checks. In some cases, simple oversights such as failing to protect pipework during winter have led to expensive damage claims against executors personally.
At the same time, inheritance tax (IHT) deadlines begin approaching. IHT is generally due within six months of the end of the month of death. After that point, interest starts accruing on the debt. Current interest rates on unpaid inheritance tax are significant, meaning delays can quickly become expensive.
This creates a serious problem for many estates. Wealth may exist on paper, but the cash itself may not be immediately available. Property sales often take months, or they reach the final stages and fall through. Or if the housing market isn’t playing ball, falling property values can dramatically reduce the value of the estate during probate.
It’s no surprise that executors can find probate both financially draining and emotionally exhausting. Many executors also discover how fragmented the system feels in practice. Different organisations use different online platforms, processes and requirements. Basic tasks can take far longer than expected. Finding someone who can deal with a specific issue directly is often difficult.
Preparation can prevent many probate issues
People often write their will and then believe the job is done. The practical side of probate receives far less attention.
Clear records make a huge difference. Executors should know where all the important documents are stored, including:
- Property information
- Mortgage details
- Insurance policies
- Bank account records
It also helps to review estates regularly rather than leaving arrangements untouched for years. Property borrowing, tax exposure and ownership structures can all change over time. People should think carefully about how inheritance tax would actually be funded if their assets could not be sold quickly.
Preparation cannot remove the emotional side of probate. It can, however, reduce confusion, delays and unnecessary stress for the people left behind. Probate will probably never feel simple. But with proper planning and the right professional advice, families can avoid many of the problems that cause estates to spiral into years of financial and administrative difficulty.
Find out more
Contact the B&L Team to see how we can help you