Last Updated on September 22, 2026 by tanya

Why Probate Takes So Long When Co-Executors Don’t Co-operate

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings more than 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Probate already feels slow for most families, but if there’s disagreement between co-executors it may take even longer, so we look at why probate takes so long when co-executors don’t co-operate. Unfortunately it’s also not just about the wait for beneficiaries, but also how it can increase costs and reduce what may be inherited.

Assets can be left sitting in limbo for months if there’s a co-executor who refuses to sign or even speak to others. However, there are legal steps you can take to get probate moving along again. A contentious probate solicitor can help to identify the cause of the delay and advise on what to do next.

 

Why Co-Executors Need To Act Together

Probate law expects executors to act jointly. So, if there’s a co-executor who refuses to engage or seems to be dragging their feet, the entire probate process slows down. This is because they are required to jointly approve valuations, sign documents when necessary and agree on distributions. Unlike other legal processes, the system assumes that co-executors will communicate and make decisions together.

Co-executors may also be beneficiaries and are often family members. When we analysed our anonymised caller data for a six month period, issues between executors were a noticeable trigger for caller to make contact and ask for help. Caller concerns included refusing to share the will, keeping information secret from others, and even allegations of mismanaging assets.

(To protect caller confidentiality and comply with data‑handling obligations, we do not publish or discuss individual circumstances.)

 

Where Delays Actually Occur

Applying for probate is a series of steps. Therefore, if co-executors don’t cooperate, each step may become a potential sticking point. Here are some examples of delays:

 

1. The probate application sits unfinished

The PA1P form requires signatures from all executors. If one executor refuses to sign or keeps postponing, the application can’t be submitted.

 

2. Valuations take longer than they should

Property, business assets, and personal items all need valuing. Executors need to agree on surveyors, estate agents, and whether to accept offers.

 

3. Banks won’t release funds

Financial institutions require joint authority and if one executor doesn’t sign the forms, accounts remain frozen. This can delay paying debts, taxes, and even settling funeral costs.

 

4. Property sales may collapse

Selling a house is already a slow process. Add in an unresponsive co-executor to the mix and the sale can collapse entirely. Estate agents may withdraw if they can’t get signatures or instructions.

 

5. Estate accounts remain unfinished

Executors must approve the final accounts before beneficiaries receive their inheritance. If there’s a co-executor who refuses to engage, distribution may be delayed indefinitely.

 

6. Communication breaks down

We have seen from our callers that sometimes the biggest delay causing frustration and tension for family members comes from silence. Executors stop replying, emails go unanswered, and decisions pile up. Essentially, probate can’t move forward without agreement.

 

Why Executors Don’t Cooperate

Non‑cooperation by a co-executor may not always be malicious. Sometimes it can be practical, emotional, or simply circumstantial.

Consider the following reasons:

 

• One executor feels overwhelmed and avoids the responsibility.
• Long‑standing family tension resurfaces.
• Executors disagree about selling the family home.
• One executor lives abroad and struggles with paperwork.
• Someone is grieving and not ready to make decisions.
• One executor is controlling and refuses to compromise.
• Beneficiaries pressure executors in different directions.

 

How Non‑Cooperation Between Co-Executors Can Affect Beneficiaries

Beneficiaries tend to feel any delay in probate more acutely than others.  They may be waiting for inheritance to pay bills, settle debts, or move forward with their life plans. However, if probate stalls:

 

• Beneficiaries wait longer
• Assets may lose value
• Property may deteriorate
• Tax liabilities can increase
• Legal costs rise

 

How a Contentious Probate Solicitor Can Help To Move Things Forward

A solicitor can’t force executors to get along, but they can prevent the estate from grinding to a halt. Their role is practical and not just advisory.

A contentious probate solicitor can:

 

• Identify exactly where the delay is happening
• Contact the uncooperative executor directly
• Set clear deadlines for action
• Explain legal duties and consequences
• Negotiate solutions
• Arrange mediation
• Advise beneficiaries on their rights
• Apply to court if necessary

 

When You Should Seek Legal Advice

If you find yourself in the position where a co-executor is stalling, you can challenge an executor of a will. You should speak to a solicitor if:

 

• Probate has stalled for more than three months
• An executor refuses to communicate
• One executor is blocking decisions
• Property sales keep falling through
• Beneficiaries are complaining
• You suspect misconduct
• You feel out of your depth

 

FAQ: Probate Delays Caused by Co-Executors & What To Do

Can one executor act alone to speed things up?

No, co-executors must act jointly unless one has renounced or reserved power.

Can beneficiaries challenge an executor who is causing delays?

Yes, beneficiaries can instruct a solicitor to intervene.

Is mediation useful in delay cases?

Yes, mediation often helps executors reach agreement without going to court.

Can an executor be removed for causing delays?

Yes, if the delay amounts to a breach of duty or harms the estate.

What if an executor lives abroad?

This often causes delay. A solicitor can help arrange power reserved or renunciation.

 

Your Next Step

Probate takes long enough and if a co-executor doesn’t co-operate, the whole probate process may be slowed down dramatically. We work with contentious probate solicitors who can help.

They offer a free, initial consultation and a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding

📞 Call us now on 0333 358 2345 📧 Or contact us online for your free consultation.