Posted: Friday, 10 April 2026 @ 08:14
Growing Proportion of Estates Taking Longer for Probate to Be Granted
155% increase in cases taking over 18 months raises concern for families and executors
Concerns have been raised over growing delays in the probate system, following a Freedom of Information request which revealed a significant increase in cases taking extended periods to complete.
Analysis of data obtained from the Ministry of Justice by financial adviser and pension provider Quilter shows that a growing proportion of estates are taking considerably longer to clear probate – with worrying implications for families, executors, and beneficiaries.
155%
increase in cases taking over 18 months between 2020/21 and 2024/25
1 in 8
estates took longer than six months to clear probate in 2024/25
Despite government guidance suggesting a grant of probate should typically be issued within 16 weeks of submitting an application, the reality for many families is far slower.
The Scale of the Problem
Between 2020/21 and 2024/25, the number of cases taking over six months to grant probate increased by 140%, rising from 3,955 to 9,480.
Over the same period, cases taking over a year increased by 177% (from 737 to 2,040), while those taking over 18 months jumped by 155% (from 170 to 433).
Length of Time Taken to Grant Probate (Tax Year Totals)
| Tax Year | Over 6 months | Over 9 months | Over a year | Over 18 months | Between 21–23 months |
| 2020/21 | 3,955 | 1,987 | 737 | 170 | 88 |
| 2021/22 | 5,138 | 2,605 | 872 | 204 | 91 |
| 2022/23 | 5,794 | 2,914 | 970 | 222 | 109 |
| 2023/24 | 10,811 | 4,865 | 1,619 | 323 | 162 |
| 2024/25 | 9,480 | 5,344 | 2,040 | 433 | 203 |
140%
increase in cases taking over 6 months (2020/21 – 2024/25)
177%
increase in cases taking over a year (2020/21 – 2024/25)
What the Ministry of Justice Says
In a recent report, the Ministry of Justice stated that the digitisation of the probate registry has helped speed up the process. Open cases for probate decreased from 25,103 in December 2024 to 23,932 – down by 5%.
Of the open caseload at the end of December 2025, 78% (30,659) had been open for less than six months.
⚠️ The Inheritance Tax Consequence
Delays in probate have a direct financial impact on families, warned Ian Futcher, financial planner at Quilter.
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.
What This Means for Families
Ian Futcher explained:
"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."
Looking Ahead: The Pensions Challenge
With pensions set to become part of the taxable estate from April 2027, there is a real risk that these delays could become even more entrenched.
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.
Futcher added: "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."
Practical Steps for Clients
While systemic delays are outside individual control, there are steps clients can take to help their executors:
- Keep a comprehensive record of assets, pensions, and liabilities
- Ensure your Will is up to date and professionally drafted
- Consider trusts where appropriate to simplify estate administration
- Communicate with executors about the location of key documents
- Take professional advice on estate planning to minimise complexity
Disclaimer: This article is based on published research and data for informational purposes. Professional advice should be sought for individual circumstances.
Information Reference: https://todayswillsandprobate.co.uk/growing-proportion-of-estates-taking-longer-for-probate-to-be-granted/