Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of existing time limits for making a claim on the estate of someone who has died intestate.

There is no maximum time limit during which personal representatives must apply for a grant to administer an estate, or to distribute an estate after probate has been granted. The existing legal framework offers flexibility, accepting that the probate process is a complex one undertaken at an emotional time for many relatives.

A personal representative is under a statutory duty to administer the deceased person’s estate according to the law and without undue delay. They can be held liable if they mis-administer the estate.

There are legitimate reasons why it may take time fully to distribute an estate. For example, it may require the sale of a property or the settling of tax issues. If beneficiaries have concerns about the administration of the estate, they can make an application to the court to compel a personal representative to provide an inventory and account of their administration of an estate. In addition, applications can be made to remove and replace a personal executive where there are grounds to do so.

The Ministry of Justice regularly publishes data in our quarterly family court statistics bulletin: Family Court Statistics Quarterly - GOV.UK. This includes data on probate timeliness (including intetancy cases) together with the open caseload.

HM Courts & Tribunals Service has invested in more staff in 2026, together with system and process improvements and a programme of upskilling in order to improve the processing time for applications and maintain the low level of outstanding caseload.