Recent reports have highlighted a significant increase in probate delays across England and Wales, with some estates taking far longer than expected to administer.
New data shows that the number of probate applications taking nearly two years to be granted has risen by 131%, increasing from 88 cases in 2020/21 to 203 in 2024/25.
While these delays still represent a relatively small portion of cases, they reflect a broader trend: probate is becoming less predictable, and in some cases, significantly more complex.
What is happening with probate times?
On paper, applying for probate should be relatively straightforward. Government guidance suggests the process should take around 16 weeks. However, recent improvements mean that straightforward applications can now be processed in as little as 4-8 weeks, with many grants issued within a few months.
According to the MoJ by Quilter, many estates are taking significantly longer. Some key trends include:
- A 177% increase in applications taking over a year
- One in eight estates now taking 6-12 months to complete
- A small but increasing number of cases extending beyond 18-24 months
Why are delays increasing?
There is no single explanation, but several overlapping factors are contributing to the current situation.
1. Backlogs and procedural changes:
The probate system has undergone significant change in recent years, including digitalisation and updated application processes. While these changes are designed to improve efficiency in the long term, they initially created backlogs which are still being worked through.
2. Increased complexity of estates:
Modern estates are rarely straightforward. It is now common for individuals to hold:
- Multiple bank and savings accounts
- Several pension arrangements
- Investments across different platforms
- Property (sometimes jointly owned or overseas)
- Digital assets
Each of these elements require calculation and verification, which can slow the process considerably.
3. Delays from third parties:
One of the most significant causes of delay is waiting for responses from third parties such as:
- Banks and building societies
- Investment providers
- HMRC
Executors cannot proceed with the probate application until accurate values are obtained, and delays at tis stage can add months to the overall timeline.
4. Inheritance tax reporting requirements:
Where inheritance tax (IHT) is payable, or even where full reporting is required, this can add a further layer of complexity.
Executors must submit detailed information to HMRC before probate can be granted, and any queries or discrepancies can delay the process further.
5. Future legislative changes:
Looking ahead, there are concerns that delays may increase further when pensions become subject to inheritance tax rules from April 2027. This is likely to increase both the administrative burden and the number of estates requiring detailed reporting.
Why do probate delays matter?
Delays in obtaining Grant of Probate can have a significant practical and financial consequences.
Access to funds:
Until probate is granted, executors cannot access the deceased’s assets. This means:
- Bank accounts remain frozen
- Property cannot usually be sold
- Beneficiaries may face long waits before receiving their inheritance
Inheritance tax deadlines:
importantly, IHT is typically payable within six months of death, regardless of whether probate has been granted.
This can create pressure where:
- The estate is tied up in property
- There is limited liquid cash available
- Executors are relying on asset sales to fund the tax
In such cases, interest may begin to accrue on unpaid tax.
Ongoing liabilities:
During delays, estates may continue to incur costs such as:
- Mortgage payments
- Insurance premiums
- Utility bills
Executors remain responsible for managing these liabilities throughout the administration process.
Emotional impact:
Less visible, but equally important, is the emotional toll. Delays can prolong uncertainty for families and prevent a sense of closure following bereavement.
How can delays be reduced?
While not all delays can be avoided, careful planning and preparation can make a significant difference.
1. Maintain clear records:
One of the most common causes of delay is simply identifying and locating assets.
Keeping an up-to-date record of:
- Bank accounts
- Investments
- Pensions
- Liabilities
Can save executes considerable time.
2. Simplify financial arrangements:
Where possible, consolidating accounts or reducing the number of providers can streamline the administration process.
3. Keep your Will up to date:
An outdated or unclear Will can lead to delays, particularly if:
- Executors are unsure of their authority
- Beneficiaries are difficult to trace
- The wording gives rise to uncertainty or disputes
4. Consider lifetime planning:
Steps taken during lifetime, such as making gifts, using trusts, or structuring assets efficiently, can reduce the complexity of an estate and ease the probate process.
A changing probate landscape
The recent rise in long-running probate cases highlight an important shift. While the system is improving in some respects, it is also becoming more complex and less predictable.
For clients, they key message is clear; taking proactive steps now can significantly ease the burden on loved ones later.
Careful planning, clear documentation, and professional guidance can all help ensure that, when the time comes, the administration of an estate is as smooth and efficient as possible.
