The Waiting Game: An Executor's Guide to Probate Delays and Paying the Bills in the Meantime
Photo: executor reviewing paperwork and bills at desk with calculator and documents, via img.freepik.com
The Gap Between Death and the Grant
For the person appointed as executor, the weeks after a death bring a strange paralysis. The house needs maintaining, the direct debits keep failing, and the bank has frozen the accounts — yet the legal authority to deal with any of it, the Grant of Probate, may be months away. Current processing times at the Probate Registry routinely stretch beyond twelve weeks, and estates involving inheritance tax can take considerably longer.
The good news is that the law does not expect executors to fund the estate out of their own pockets while they wait. It simply requires them to observe a strict order of priority when they do start paying.
What Can Be Paid Before the Grant
Certain expenses are treated as exceptions to the general freeze on the deceased's accounts and can usually be settled in the interim:
- Funeral expenses, including a modest memorial or headstone in some cases
- The costs of administering the estate, such as probate fees, valuation charges and professional adviser fees
- Urgent repairs necessary to keep the property secure and insurable
- Interest continuing to accrue on the deceased's debts
Banks will often release funds directly to a funeral provider on sight of the death certificate and invoice, without waiting for probate. Some will also permit payment of household bills from a frozen account to keep utilities connected. Every institution applies its own policy, so it is worth asking in writing rather than assuming refusal.
A Working Timeline for Executors
- Weeks 1–2: Register the death, locate the will, secure the property and notify key organisations.
- Weeks 3–6: Complete the information returns — R27 for smaller estates or the full IHT forms (IHT205 or IHT400) where tax is due.
- Weeks 6–12: Submit the probate application. Inheritance tax must generally be paid, or instalments arranged, before the grant is issued.
- Months 3–6: Receive the grant, then begin collecting assets and settling liabilities.
- Months 6–12: Distribute the estate, keeping a full account. Executors remain personally liable for mistakes, so patience beats haste.
Why Applications Bounce Back
The Probate Registry rejects a striking proportion of first applications, adding weeks to already long waits. The usual culprits:
- A will that has been unstapled or damaged, triggering questions about its integrity
- Errors in the name or address of the deceased compared with the death certificate
- Missing or incorrectly completed inheritance tax forms, particularly where gifts in the last seven years were overlooked
- Executors who have renounced but not provided signed renunciation instruments
- Discrepancies between the sworn value of the estate and the asset schedules
A careful, single, complete submission is the single most effective way to shorten the process.
Dealing With Banks and Utilities
Notify banks, building societies, pension providers and utility companies promptly and in writing. Most will place a bereavement hold on the accounts, stopping interest and chasing letters. Council tax should be renegotiated — the property may qualify for a discount or exemption during administration. Redirect the deceased's post through Royal Mail; identity fraud against the estates of the deceased is depressingly common.
When to Chase HMRC
Where an IHT400 has been submitted, HMRC may take many weeks to issue its clearance, and the registry will not release the grant until any tax is settled. If twelve weeks have passed without acknowledgment, executors (or their advisers) can contact HMRC's probate helpline and, if necessary, escalate through the Taxpayers' Partnership team. Keep records of every call: dates, names and reference numbers.
Final Words for the Fiduciary
Executorship is unpaid, unglamorous and legally demanding. Take care not to distribute assets before the statutory claims period has passed, keep every receipt, and do not hesitate to take professional advice on anything uncertain. The estate may be stuck — but with a clear sequence of priorities, the bills need not become your problem.
