How long is the probate process currently taking?

Dealing with the death of someone close to you is always a difficult time, and the probate process is no exception. People are naturally eager to complete probate as smoothly and quickly as possible and are often dismayed to learn that ongoing delays at the Probate Registry may mean the process is more drawn out than they were anticipating.

Obtaining a grant of probate is a key element in the process, as it is usually needed in order to access accounts and distribute assets. Data from HM Courts & Tribunals Service (HMCTS) in May 2025 shows that although probate delays are still continuing, the overall time from submission to issuing has reduced.

The average total time taken from submission to grant issue for online applications was 14 weeks at the height of delays but has now reduced to 4.9 weeks for applications submitted in the quarter to March 2025 and from 24 weeks to 13 weeks for paper applications. More complex cases, such as those involving overseas assets or trusts are generally taking longer than more straightforward estates.

Why are there delays at the Probate Registry?

There is no one reason for the delays, but a few issues have played a part.  Applications are now handled centrally.  Previously, applications were submitted to a District Probate Registry, where they were handled by experienced members of staff who were able to answer pre-lodgement enquiries (technical queries on complex applications), and who were thoroughly familiar with the Non-Contentious Probate Rules (which govern the proceedings of the probate service). Their advice enabled applications to be processed efficiently and grants to be issued promptly.

Under the new centralised system, if there is an error in the application, or queries need to be raised, there is a second wait for the additional information provided to be reviewed, so those applications take much longer.

In addition, the application process is now largely digital.  The introduction of the digital process, (which intuitively should make things faster), combined with centralising the application process, led to large numbers of senior and experienced staff leaving the service.

These delays have been frustrating for personal representatives, lawyers and beneficiaries alike.

What steps are being taken to address probate delays?

HMCTS is acutely aware of the impact the delays are having and has put some steps in place to improve the issue, including improving the digital offering, which seem to be helping.

These include:

• Employing and training more staff
• Centralised their telephone and email response centres
• Got up to date with the scanning of cases onto the system
• Continuing to share information with the charity sector who rely on donations to carry out their important work
• Working closely with probate professional representatives to improve the service
• Improving notifications to make it easier for applicants to know what they need to send us
• Streamlining inheritance tax processes with HMRC
• Offering regional office drop-in sessions for probate professionals
• Offering dedicated registrar appointments to progress complex applications
• Improving notifications about application status

Are there any other delays to do with probate?

Unfortunately, at the same time that the Probate Registry is experiencing increasing delays, HMRC is also getting slower at processing the Inheritance Tax accounts (which need to be submitted before you can apply to the Probate Registry for a grant). HMRC must send an inheritance tax receipt to the Probate Registry before the application for the grant can be made.  Guidance previously was to wait for at least 15 days after submitting the Inheritance Tax account before applying for a grant. That has now been extended to 25 working days to issue the receipt. This obviously delays the process even further.

What issues can probate delays cause?

In practical terms the delays can have an impact on the beneficiaries of an estate in a number of ways:

• Beneficiaries are having to wait longer to receive an inheritance, which can be emotionally difficult but also means they can’t easily plan for their future
• In some cases, valuable inheritance tax reliefs depend on being able to sell an asset with a year of death: if it takes longer than that to obtain the grant, the relief is lost
• Where an estate contains a property, there are potential additional costs to running a sometimes empty property
• Property can’t be sold before a grant is obtained, which is particularly frustrating in a falling market
• Where some estates take longer than two years to administer, this can involve additional expense such as the requirement to register such an estate with the Trust Registration Service
• There may also be a requirement for additional tax returns to be filed as the estate simply continues in existence for longer.

Is there any good news?

Yes – HMCTS are sticking to their promises made to address the issues. The data provided has shown that they are consistently issuing more Grants than are coming in which has helped clear the backlog of cases, this has been helped by the hiring of additional staff and training of remaining staff. HMCTS has taken on the feedback from professionals on how to improve the service and although there is still some way to go, they are making positive steps.

If you have any questions about points raised in this article, or about the probate process in general, then please do get in touch. We look to keep all our Probate clients regularly updated about current waiting times at the Probate Registry. If you aren’t a current client we are unfortunately unable to advise on how long your particular application may take and would instead advise that you contact the Probate Registry directly.