Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department has considered introducing a statutory time limit for executors to apply for probate following a person’s death.

There is currently no maximum time limit within which a personal representative must obtain a grant of probate, but there are penalties laid down for administering an estate without a grant of representation, and there are time limits for paying tax for which an estate is liable prior to applying for a grant.

There are also mechanisms for beneficiaries and other interested parties to hold personal representatives to account for failure to act in applying for probate, and if necessary to seek their removal.

The existing legal framework offers flexibility, accepting the probate process is a complex one at an emotional time for many personal representatives and there are no plans at present to reform the law.