Probate cases taking nearly two years to be granted soar 131% – ways to cut the wait

The number of probate cases taking almost two years to be finalised has more than doubled since 2020/21, according to Freedom of Information data from the Ministry of Justice.

In a significant worsening of delays, the share of probate cases taking between 21 and 23 months to be granted has risen by 131% (from 88 to 203) in the past five years.

The biggest increase in the length of time taken to grant probate was in the category of people waiting ‘over a year’ for the process to be completed, which was up by 171% since 2020/21. There were 737 cases waiting this long at the time, compared to 2,040 in 2024/25.

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Financial experts are warning the situation is likely to worsen further when pensions are brought into the scope of inheritance tax (IHT) from April 2027. They are urging people to take action now to reduce complexity for those left behind and avoid probate disputes and delays.

Ian Futcher, financial planner at wealth manager Quilter, which obtained the FOI data, said: “A growing number of families are now waiting well over a year, and in some cases nearly two years, for probate to be granted. That creates real stress for executors and beneficiaries alike.”

With pensions set to become part of the taxable estate, there is a real risk that these delays become even more entrenched, he added. “Executors may need to track down information across multiple pension schemes, confirm valuations and deal with additional tax reporting, all while the clock is ticking on inheritance tax.”

We look at how to navigate the maze of inheritance tax paperwork in a separate article.

What is probate?

Probate is the legal right to deal with someone's estate (such as their property, money and possessions) when they die and to distribute it according to their will, or the law if there is no will.

Typically, before the next of kin or executor named in the will can claim, transfer, sell or distribute any of the deceased's assets, they have to apply for a grant of probate.

However, Freedom of Information data, obtained from the Ministry of Justice by wealth manager Quilter, showed a significant increase in delays with the process – leaving families waiting months or even years to access estates.

Without access to the money in the estate, it is often not possible to fully pay inheritance tax bills, which are due within six months of the deceased person dying, though in a catch-22 situation probate won’t typically be granted until HMRC has been sent at least partial payment for IHT.

In 2024/25 alone, around one in eight estates took longer than six months to clear probate, increasing the risk of interest accruing on inheritance tax where it was due.

How long should probate take?

According to government guidance, a grant of probate should typically be issued within 16 weeks of submitting an application.

However, the data showed a growing proportion of estates waiting well beyond this timeframe, with a sharp rise in cases taking more than a year and a notable increase in those waiting nearly two years.

Delays in probate can prevent executors from accessing bank accounts, selling property or managing investments, leaving estates frozen at a time when families may already be under financial and emotional strain.

Where inheritance tax is due, HMRC can charge interest on unpaid tax from six months after death, meaning prolonged probate can translate into higher tax bills even where delays are outside the family’s control.

How to reduce risk of probate delays

Futcher, from Quilter, said one of the most effective ways to reduce the burden on executors is to treat the start of the new tax year as a time to do a financial MOT – spring‑cleaning your finances while you’re alive can significantly ease delays later on.

“That might include consolidating old pensions or ISAs, keeping a clear record of accounts and providers, ensuring beneficiary nominations are up to date, and putting powers of attorney in place,” he said.

“Given how stretched the probate system already is, anything people can do now to reduce complexity will help their executors navigate the process more quickly, avoid unnecessary costs and reduce stress at an already difficult time,” he added.

A Ministry of Justice spokesperson said the department has worked hard to reduce waiting times for probate applicants, including through staff training and improving how applications are processed, which has resulted in record numbers of grants being issued over the last year.

They added: “Most probate applications are now granted within five weeks, down two weeks on a year earlier – but we understand how distressing delays can be in some cases.

“Applicants who feel their cases are not progressing can request an appointment with the probate team.”