Why Probate Is Taking Longer

Why Probate Is Taking Longer and Costing More in 2026: What You Need to Know

Probate was once a relatively predictable process. Executors submitted an application, waited a matter of weeks, and then distributed the estate. Today, that expectation rarely reflects reality.

Families now face delays measured in months rather than weeks. Legal costs have increased materially. And for many, the reasons are unclear.

Probate itself has not fundamentally changed. However, the systems, scrutiny and pressures surrounding it have. HMRC backlogs, evolving digital processes, increased estate complexity and rising professional demands have reshaped the landscape.

If you are dealing with a death now, or if you are a solicitor managing multiple estates, understanding these shifts is essential.

What follows is a clear explanation of what is happening in practice and how to navigate it.

The Probate Timeline Reality: 2026 Edition

One of the most common questions families ask is straightforward: how long should probate take?

Official guidance from HM Courts & Tribunals Service continues to suggest that straightforward applications may take around 4 to 8 weeks from submission to grant. In practice, that timeframe is increasingly the exception rather than the rule.

In our experience working with private client solicitors across England and Wales, typical timelines are now closer to 12 to 16 weeks. More complex estates frequently extend to six or even nine months. These delays are not isolated incidents. They are systemic.

The primary causes are well established.

• HMRC processing delays

Inheritance Tax returns are taking longer to process than historically. Returns that once cleared in a matter of weeks now regularly take several months, particularly where queries arise. Even minor valuation questions can materially extend the timeline.

• Digital probate processing

Since the move to digital-only applications, efficiency has improved for straightforward estates. However, applications that fall outside standard parameters are routinely flagged for manual review. This introduces additional waiting time and occasional resubmissions.

• Increasing estate complexity

Modern estates often include overseas assets, cryptocurrency holdings, complex pension arrangements and business interests. Each asset class requires separate valuation and documentation. The cumulative effect is longer preparation and review periods.

• Staffing constraints

Probate registries and tax processing teams within HM Revenue & Customs continue to operate under capacity pressure. Application volumes have not reduced, but processing speed has not fully recovered to pre-pandemic levels.

Why These Delays Matter

Delays are not simply administrative inconveniences.

Inheritance Tax is generally payable before probate is granted. Executors are often required to arrange funding or advance estate costs personally. Properties may sit empty but still incur council tax, insurance and maintenance costs. Investment portfolios remain unmanaged pending authority. Beneficiaries who expected funds to repay debt, support care costs or purchase property may face prolonged uncertainty.

A four-month delay can create meaningful financial strain.

The Cost Increase: Why Probate Fees Have Risen

Many firms report that probate costs have increased materially over the past 18 months. Several factors are driving this change.

• Time and complexity

Straightforward estates under £500,000, with no disputes and simple asset structures, may still fall within the £2,000 to £4,000 range. However, estates with any complexity now commonly cost between £5,000 and £15,000 or more.

Solicitors are spending additional time managing HMRC queries, navigating digital application issues and resolving valuation discrepancies.

• Specialist involvement

Estates involving overseas property, business assets or contested wills often require specialist legal or tax advice. That expertise inevitably increases professional fees.

• Specialist involvement

Ongoing changes to thresholds and allowances, and increasing scrutiny around reliefs, have generated more tax-related queries. As explained in our guide on how inheritance tax is calculated, additional complexity translates directly into additional professional time.

• Probate indemnity insurance

Many solicitors now recommend insurance policies to protect against unknown beneficiaries or administrative error. Premiums typically range from several hundred to a few thousand pounds, depending on estate value.

For otherwise straightforward estates, total costs that once averaged £3,000 to £5,000 are increasingly falling in the £5,000 to £12,000 range. More complex cases can exceed £20,000.

Where Probate Delays Most Commonly Occur

Understanding where delays arise allows executors to manage expectations and mitigate avoidable issues.

• Weeks 1–2: Information gathering

This stage is efficient only if records are organised. Missing pension documentation, incomplete asset statements or unclear ownership structures can easily extend this period.

• Weeks 3–6: Valuation and IHT submission

Solicitors prepare and submit the Inheritance Tax return. This is where delays most frequently arise. HMRC queries on property valuations, business relief claims or lifetime gifts can extend this stage significantly.

• Weeks 7–10: Probate application

Once the IHT position is cleared, the probate application is submitted. Standard cases may progress relatively smoothly. Applications flagged for review can take several additional weeks.

• Post‑grant: Asset realisation and distribution

Even after the grant is issued, distribution may depend on asset sales or resolution of minor issues.

A commonly overlooked factor is property. If the estate includes a house, final distribution often waits until completion of the sale. This alone can add two to three months to the overall process.

Why Solicitors Are Under Increased Pressure

For private client solicitors, probate in 2026 presents distinct operational challenges.

• HMRC queries can take weeks to resolve.
• Digital systems function well for routine cases but introduce friction for anything non-standard.
• Families often expect probate to move faster than current systems realistically allow.
• Extended timelines create tension between fixed-fee arrangements and increased administrative workload.

Firms must manage client expectations carefully while navigating factors largely outside their control.

Practical Steps Families Can Take

Executors and beneficiaries are not powerless. Several steps can reduce delay and stress.

1. Prepare thoroughly
   Gather full documentation before instructing a solicitor.
2. Be comprehensive
   Provide complete details of all assets, liabilities and beneficiaries. Missing information triggers queries.
3. Understand liquidity timing
   Cash assets do not necessarily need to wait for property sales. Partial distributions may be possible once appropriate reserves are retained.
4. Encourage proactive follow-up
   Queries can progress faster when actively monitored and chased.
5. Consider early-access solutions where appropriate
   Where delays create financial pressure, probate advances allow beneficiaries to access a portion of their expected inheritance before probate concludes.

Managing Timing Risk

Extended probate timelines create a practical challenge: assets exist, but access is delayed.

In some cases, access to early liquidity can materially reduce stress for executors and beneficiaries. Probate advances allow a beneficiary to receive a portion of their anticipated entitlement without forcing a property sale or placing pressure on family members. Repayment is made directly from the estate once distribution occurs.

It is not a substitute for careful estate administration. It is a tool for managing timing risk.

Advances should always be structured transparently, with clear documentation and repayment mechanics agreed with executors and solicitors.

We work closely with private client firms to ensure funding solutions sit alongside estate administration, not in tension with it.

The Probate Reality in 2026

Probate is functioning, but under strain. It is slower, more complex and more expensive than it once was.

Families benefit from understanding this at the outset. Solicitors benefit from clear communication and practical tools that help manage delays. If you are dealing with probate now, plan for several months rather than weeks, budget accordingly, and understand that proportionate early-access options exist where funds are needed sooner.

Clarity, preparation and realistic expectations make a significant difference.