Probate unpacked: executors reveal the challenges they've faced when dealing with banks

Settling a loved one’s financial affairs while grieving is never easy. But too many executors face problems when dealing with banks, Which? research has found.

Probate is the process of dealing with someone’s estate after they’ve died. This generally involves notifying banks and providers of the death, applying for grant of probate and paying inheritance tax, and gathering and distributing the deceased’s assets in line with their will.

While most banks have dedicated bereavement teams and policies, our research suggests that they should do more to ensure the probate process goes smoothly: we heard of a range of issues, from long waits and lost documents to mistakes and miscommunication. 

Here, Which? reveals the challenges executors face when settling a loved one’s affairs and explains what more banks should do to support the bereaved.

First in Which? Money magazine

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Banks failing the bereaved

In April, we asked Which? members who had settled a loved one's affairs in the past two years about their experience of the probate process. 

One in five (21%) told us they found the process of settling the deceased's finances with their bank ‘difficult’.

The same proportion of people said they were unsatisfied with their provider’s skill and knowledge during the process.

Members told us the staff they interacted with didn’t seem to understand their bank’s policies, or that they were given incorrect information. This included one Which? member who said they received conflicting information about the need for probate, and that ‘the branch staff were surprised by the bereavement department’s requirements’.

Our survey also revealed big differences in how executors rated their banks. HSBC and Barclays received the lowest satisfaction scores: 56% and 62% of customers told us that they were satisfied with their skill and knowledge during the process, respectively. 

Santander topped the list with a score of 80%.

The issues executors face

Which? members told us about a range of problems they faced when dealing with banks, from delays and poor communication to lost documents and administrative errors. 

Around four in ten told us it took more than three months to settle the deceased’s finances with their bank, and some told us their bank's bereavement team were hard to reach:

We also found evidence of mistakes and administrative errors causing unnecessary stress for executors.

Shona Goulds told us NatWest transferred money from her late mother's account but two days later re-sent the forms, saying more information was needed: 

'Halifax didn't pay the funeral invoice'

When her parents died in April 2023, Claire Forrester (pictured) arranged for the funeral costs to be paid from the joint account they held with Halifax.

But after a few weeks, the funeral director told Claire her mother’s invoice hadn’t been paid.

Claire said that when she contacted the bereavement team at Halifax, it became clear something had gone wrong.

She told us that Halifax removed her mother from the joint account when she died. This meant the name on the funeral invoice didn’t match the name on account, which is why it wasn’t paid.

But Claire said no one from the bank contacted her to explain the issue, and she would have been charged interest on the money owed had the funeral director not flagged non-payment.

Claire submitted a complaint and received £150 as compensation.

Lloyds Banking Group told us: ‘We recognise our service fell below what Ms Forrester expected of us at such a difficult time, for which we are very sorry. We'll be sending a hamper in recognition of the distress caused'.

• Find out more: why aren't more firms signed up to the Death Notification Service?

Banks 'can't be complacent'

The Financial Conduct Authority has warned that banks can’t afford to be complacent. In a review of bereavement and power of attorney journeys published earlier this year, the regulator urged banks to ensure that staff are adequately trained in bereavement policies and procedures, that they respond sensitively to customers’ needs and that they ‘maintain feedback loops’ to help their staff and processes to continue to improve. 

We surveyed 25 major banks to find out about the support they provide to bereaved customers. All the banks that responded to us said they’re taking steps to improve the service they offer.

For example, HSBC said it’s working to simplify the experience for  bereaved customers, and is developing  controls that will help them rectify potential issues more quickly.

However, there’s still a long way to go to ensure bereaved customers receive the support they deserve.

‘Unfortunately all of us will experience the death of a loved one at some point in our lives, but the processes followed by many companies aren’t up to scratch,’ says Sarah Middlemiss, policy campaigns manager at Marie Curie. 

The leading end-of-life charity is calling on banks, telecoms and energy firms to make death administration (aka ‘sadmin’) easier for bereaved customers: recommendations include streamlining admin processes and investing in trained staff. You can sign the petition by visiting Marie Curie's website.

• Find out more: how to choose an executor

Probate delays

Many banks require grant of probate - a legal document that gives you the right to deal with the deceased’s estate - before they’ll release funds. In Scotland, this is known as confirmation.

Probate delays in England and Wales spiked since the pandemic: cases taking over a year more than doubled from 587 to 1,371 between 2020 and 2023, prompting a government inquiry into the probate service.

Three in ten (31%) of the executors we surveyed who were granted probate told us they waited more than three months, and for some it took a lot longer.

Which? member Jacqueline Tucker waited six months: she accepted a reduced offer on her late mother’s house due to the delays and said she spent more than £2,000 in solicitor fees chasing her application. 

Progress has been made to address the backlog and as of May, the average waiting time for probate in England and Wales was around six weeks, according to the most recent figures from HM Courts and Tribunal Service.

• Find out more: surge in probate cases taking more than a year

Taking the stress out of probate

If you're named as an executor in a loved one's will, Which? legal expert James Buchan recommends seeking professional advice to ensure the probate process goes smoothly:

‘DIY probate is often a good option if you want to avoid hefty legal fees, but it’s really important to understand what is needed in order to make sure you get it right and don't end up in a mess.

Executors have to make sure they are reporting the correct information to HMRC and the Probate Registry, and getting it wrong could result in a penalty, or worse, a fine for the executor. 

Which? Legal has a team of expert wills and probate lawyers who can help you navigate the probate process step-by-step so you can be confident you are getting it right from the start’.

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Our research: In April 2025, we surveyed 14,779 Which? Connect panel members about the probate process. 1,048 told us about their experiences applying for grant of probate; 807 told us about settling affairs with a bank or financial provider.