Can Beneficiaries Speed Up the Probate Process?

Whether beneficiaries can speed up the probate process is a question we hear regularly, often from adult children waiting for an inheritance to settle a debt or fund a deposit. The honest answer is that beneficiaries have very little direct power to accelerate probate — the timetable is largely controlled by the executors, HMRC and the Probate Registry. However, there are a small number of practical things beneficiaries can do to remove obstacles and stop the process slowing down further. Here we explain exactly what you need to know about how to speed up probate from a beneficiary’s perspective.

Who actually controls the timetable

The personal representatives of the estate — the executors named in the will or the administrators under the intestacy rules — control the pace of probate. They decide when to instruct solicitors, when to gather valuations, when to submit the tax forms and when to apply for the grant. Beneficiaries have a right to be kept informed but no right to take over the work.

The Administration of Estates Act 1925 places the legal authority squarely with the personal representatives. The Trustee Act 2000 imposes a duty of care but allows them reasonable time to discharge it.

What beneficiaries can usefully do

The most useful contribution beneficiaries can make is to provide information promptly. If the executor asks for your bank details, ID documents or a bankruptcy search consent, return them by the next day. If you know of an asset the executor might not — a forgotten pension, a savings account, an overseas property — say so early.

Co-operation also helps when valuations are needed. If you have access to the deceased’s home, allow the surveyor and estate agents in promptly. Delays in valuation are one of the most common reasons probate stalls.

The right to information

Beneficiaries are entitled to a copy of the will (once the grant has been issued — wills become public documents) and, if they are residuary beneficiaries, to see the estate accounts. They are also entitled to be told that they are a beneficiary and given a reasonable update on progress.

They are not entitled to micromanage the executor or to insist on a particular timetable. Requests must be reasonable. The right approach is a polite written request for a progress update every two to three months, not weekly chasing.

When the executor is genuinely too slow

If an executor is failing to administer the estate properly, beneficiaries have legal remedies. A formal letter from a solicitor often produces movement. If that fails, beneficiaries can apply to court under section 50 of the Administration of Justice Act 1985 to remove or replace the executor.

The court will not act for trivial delays. There must be evidence of serious failure — refusing to communicate, mishandling assets or persistent inaction for many months. These applications are not common but they exist as a backstop.

Interim distributions

If cash is needed urgently, beneficiaries can ask the executor to make an interim distribution from funds already collected in. Executors are usually willing to do this once they have a clear picture of the inheritance tax position and any other liabilities. The 2026 inheritance tax thresholds remain £325,000 nil-rate band plus up to £175,000 residence nil-rate band, with 40% above.

Executors must hold back enough to cover all known liabilities. A premature distribution that leaves the estate short leaves the executor personally liable. For more on the wider process see our probate process page, our estate administration guide and the GOV.UK probate service.

Frequently Asked Questions

If you are a beneficiary frustrated by delays in an estate, call us on 0800 214 216 for a same day callback. We can tell you what is reasonable to expect and when it is time to push for action.

Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)