Estate planner Steve Bish, from S Bish Estate Planning, is urging families to prepare for the gap between a loved one's death and probate being granted, warning that day-to-day responsibilities do not pause while the legal process unfolds. He says being prepared can help families feel more in control during what is already a difficult and emotional time.
Five practical ways to manage probate delays
Steve Bish outlines five practical steps families can take to ease the pressure during probate delays.
1) Start organising early: Many people assume nothing can be done until probate is granted, but that is not entirely true. While some legal steps must wait, much of the groundwork can begin straight away. Creating a list of assets, gathering financial information, locating key documents and identifying advisers early can help prevent unnecessary delays later on.
2) Agree on clear roles: Uncertainty over who is doing what is one of the biggest sources of family tension. Sit down early to decide who is speaking to the solicitor, who is liaising with financial advisers, who is checking on the property, and who is handling ongoing bills. This prevents duplicated work and conflicting decisions.
3) Keep simple records: During emotional times, it is easy to lose track of decisions. If urgent actions are taken - such as paying bills or maintaining a property - keeping a simple record can help. Note what was done, why it was necessary, who agreed to it and how much was spent. Receipts and written notes can provide clarity and avoid disputes later.
4) Keep communicating: Silence can often feel more stressful than the delay itself. Regular updates - even when there is little progress - can help manage expectations and avoid misunderstandings. Probate timelines vary, so keeping everyone informed can make a big difference.
5) Plan ahead where possible: One of the biggest lessons from probate delays is the importance of preparation before it is needed. Knowing where important documents are stored, who the key contacts are, how digital accounts can be accessed and who will coordinate communication can make things far easier when the time comes.
Four common myths about probate delays
Steve Bish also addresses four common myths that can cause confusion for families.
Myth 1: 'Nothing can happen until probate is granted' - This is not the case. While legal authority is limited, many practical steps - such as gathering information and notifying organisations - can begin straight away.
Myth 2: 'Probate delays only affect large or complicated estates' - Complex estates can certainly take longer, but straightforward estates can also experience delays depending on processing times, documentation or unexpected issues. Submitting documents promptly and using online services can help speed things up.
Myth 3: 'The executor can simply do whatever is necessary' - Executors do have responsibilities, but acting beyond what is appropriate before probate is granted can carry legal and financial risks. Good intentions do not remove personal responsibility.
Myth 4: 'Having a will makes everything simple' - A valid will is hugely important, but it does not automatically answer practical questions about communication, access to information or managing the period before probate is granted. The best outcomes usually come from combining good legal planning with good practical planning.
Why early preparation is vital
Highlighting why early preparation is so vital during a vulnerable time, Steve Bish explains that expecting delays rather than being caught off guard helps families stay in control: "If you have ever been involved in administering an estate, you will know that grief and paperwork rarely arrive separately. While probate is often viewed as the moment everything can finally move forward, the reality is very different.
"Businesses still need running, bills still need paying, properties still need maintaining and families are often left trying to make important decisions before they have formal legal authority. No family wants to think about probate until they have to. Yet the period immediately following a death is often when people are at their most vulnerable, emotionally and practically.
"The estates that navigate probate most successfully are not necessarily those with the most paperwork. More often, they are the ones where expectations have been discussed, responsibilities are understood and practical information is readily available.
"Recent delays in the probate process have highlighted something many professionals have known for years: life does not pause simply because probate has not been granted. The good news? There are practical steps that can make this difficult period far less stressful."
Steve Bish concludes: "Whilst no one can eliminate delays, thoughtful preparation can significantly reduce the stress they create. After all, when life changes unexpectedly, it is not just the legal process that matters - it is helping the people left behind navigate it with confidence."
