While the bereaved wait for the probate process to see its course, life goes on and decisions still need to be made. Auro Rekha works with families trying to navigate this limbo period and suggests introducing some simple formalities earlier in the process to help ease the transition.
A client dies with a valid will, named executors, and what most people would consider a well-prepared estate. Within days, decisions start being made.
A son may call a financial adviser because bills still need to be paid, a business partner will continue running company operations because staff and suppliers are dependent on it. None of this is unusual.
Between a death occurring and probate being granted, estates often continue functioning without anyone yet having formal authority to act.
For straightforward estates, this may pass without negative consequences. In more complex estates involving businesses, multiple properties, investments, or wider family structures, this ‘limbo’ period can become far more difficult.
Why probate delays are exposing the issue
Recent probate delays have made this issue more visible. While probate processing times have improved in many cases, some estates are still waiting many months for grants to be issued. Recent reporting suggests around one in eight estates now takes longer than six months to receive a grant, with some extending beyond a year.
During that time, life does not pause: mortgage payments are made, employees are paid. Inheritance tax deadlines remain in place even when access to estate funds is restricted. Families and advisers are often left trying to manage urgent situations during a period where legal authority has not yet formally transferred.
People who begin administering aspects of an estate without authority may expose themselves to personal liability, even where they are acting with good intentions. But many situations cannot simply be ignored while probate progresses.
The practical difficulties families and advisers face
This creates difficult practical questions that need to be addressed and yet are often an afterthought.
Who should speak to advisers while probate is pending? Who should handle immediate business matters? What decisions can reasonably wait, and which ones cannot? How should professionals respond where multiple family members begin giving instructions before authority is established?
In my work supporting continuity planning and succession transitions, I regularly see families try to navigate this period informally. A lack of documentation, uncertainty around roles, access, responsibility and decision-making in the weeks immediately following a death or incapacity event lead to stress-fuelled decision-making.
Solicitors will likely recognise familiar patterns: family members giving instructions before probate, business interests continuing informally, advisers receiving conflicting requests, urgent financial decisions being made without clear records or agreed boundaries.
Where problems tend to emerge
The negative consequences of these actions often appear later. Questions emerge around who authorised certain actions, whether decisions should have been made at all, and whether losses could have been avoided.
Probate reform and faster processing times may reduce some pressure, but they do not fully resolve this issue.
The underlying challenge is broader than administrative delay; the problem arises because most estate planning focuses on documenting succession rather than managing the practical period before authority formally passes.
I believe this important area of estate planning conversations should be given much more consideration than it currently receives.
Practical questions that should be addressed earlier
Alongside wills, trusts, and powers of attorney, there is growing value in discussing practical questions earlier.
Who is expected to coordinate immediate matters? What information needs to be accessible? Which decisions should wait for probate? How should advisers respond during the interim period? How should important decisions be recorded if urgent action becomes unavoidable?
This is not about bypassing legal process, but recognising there is often a gap between a succession event taking place and formal authority becoming active.
The estates that navigate this period best are not always the ones with the most documentation. More often, they are the ones where expectations, responsibilities and communication between advisers and family members were discussed before the moment arrived.
About the author
Auro Rekha is the founder of EternaVaults, a continuity infrastructure platform focused on preserving authority, intent, and operational clarity across generations. With a background as a senior front-end architect in wealth and fintech, she works at the intersection of estate planning, governance, and digital continuity, helping families and advisers build decision readiness before incapacity and succession transitions demand it.
