Probate Delays and Digital Assets: The Hidden Double Hit on Families
The scale of probate delays is striking. More than 2,000 applications took over a year to be granted in the 12 months to April 2025. Official guidance says the process should take just 16 weeks, but reality tells a different story. In 2024–25, 203 cases dragged on for up to 23 months, while nearly 9,500 took longer than six months. Until probate is granted, estates are effectively frozen executors can’t access bank accounts or sell property held in a sole name.
This becomes a serious financial issue because inheritance tax is usually due within six months of death. After that, interest—currently 7.75%—starts to build. As Muhammed Ali, Probate Manage and Associate, explains, even delays outside an executor’s control can result in mounting costs.
Muhammed notes that while banks may release funds directly to HMRC so some tax can be paid early, this doesn’t help when estates are tied up in property or other non-cash assets. The consequences can be steep a £250,000 tax bill left unpaid for a year could generate close to £20,000 in interest.
But delays are only half the story. The rise of digital assets is adding a new layer of complexity. From online banking and investment platforms to cryptocurrency, emails, cloud storage, and social media accounts, modern estates are more fragmented than ever.
Based on Muhammed’s experience, many people simply don’t account for their digital footprint when writing a Will. If executors don’t know an asset exists, it may never be found. And if they do know but lack login details it can cause further delays. This is especially critical for cryptocurrency, where lost credentials can mean permanent loss.
Muhammed also warns that even everyday accounts like utilities or subscriptions can continue charging if not identified, while closing accounts too soon could risk losing important information stored on devices.
Planning ahead is key. Keeping a secure, up-to-date record of digital assets, setting clear instructions, and simplifying finances can make a significant difference. As Muhammed highlights, with future changes such as pension pots potentially falling under inheritance tax, estates are only set to become more complex.
Taking action now can help reduce delays, cut unnecessary costs, and make things far easier for those left behind
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