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

Probate used to be straightforward. You’d apply for a grant, wait a few weeks, distribute the estate. Now? Families are waiting months. Legal costs are climbing. And nobody’s quite sure why.

The truth is, probate hasn’t changed but everything around it has. From HMRC backlogs to new digital processes, from increased scrutiny of estates to rising solicitor fees, the landscape has shifted dramatically. If you’re dealing with a death right now, or if you’re a solicitor managing multiple estates, this is essential reading.

Here’s what’s actually happening and how to navigate it.

The Probate Timeline Reality: 2026 Edition

Let’s start with what families keep asking: “How long should probate take?”

The official answer is 4-8 weeks from application to grant. But that’s not what’s happening on the ground.

According to recent data from solicitors managing estates, the average probate timeline has stretched to 12-16 weeks. Some complex cases are hitting 6-9 months. And the delays aren’t random they’re systemic.

Here’s why:

HMRC Delays: The Inheritance Tax team at HMRC is processing returns more slowly than ever. A straightforward IHT return that once took 4-6 weeks now takes 8-12 weeks. If there are any queries even minor ones, add another 4-8 weeks.

Digital Probate Processing: The Probate Service moved to digital-only processing in 2021. But the system is still catching up. Applications that don’t fit the standard template get flagged for manual review. That causes delays.

Estate Complexity: Families are holding more diverse assets now overseas property, cryptocurrency, pension funds with unclear death benefits, business interests. Each requires separate valuation and documentation. That complexity multiplies processing time.

Staffing Gaps: Probate offices across England and Wales are understaffed. The volume of applications hasn’t dropped the number of people processing them has.

The result? Families waiting 4-6 months to access funds. Executors managing cash flow crises. Beneficiaries asking why inheritance isn’t arriving.

The Cost Explosion: Why Probate Fees Have Jumped

Legal fees for probate have increased 15-20% in the past 18 months. Here’s what’s driving it:

Complexity Tax: Simple estates (under £500k, no disputes, straightforward assets) still cost £2,000-£4,000. But anything above that or with any complication is now £5,000-£15,000+. Solicitors are spending more time managing delays, chasing HMRC, and handling complications.

Specialist Requirements: Estates with overseas property, business interests, or disputed wills now require specialist input. That specialist work costs more.

IHT Complexity: The April 2026 inheritance tax changes we mentioned earlier? They’re creating a domino effect. Executors are suddenly asking solicitors questions about tax planning that didn’t exist before. That’s additional billable time.

Probate Insurance: Many solicitors are now recommending (and charging for) probate indemnity insurance. This protects against errors or missing beneficiaries. It costs £500-£2,000 depending on estate value.

The average cost of probate has moved from £3,000-£5,000 to £5,000-£12,000 for straightforward cases. Complex estates? Often £20,000+.

Where the Delays Actually Happen

Knowing where delays occur helps you manage them. Here’s the typical probate timeline and where things get stuck:

Week 1-2: Gathering Documents

This is executor work. Collecting the will, death certificate, asset statements, bank accounts. Usually smooth.

Week 3-4: Valuation & IHT Return

Solicitors prepare the Inheritance Tax return. If the estate is straightforward, HMRC processes it in 4-6 weeks. If there are queries or if HMRC is backed up, this stretches to 12+ weeks.

This is where most delays happen.

Week 5-6: Probate Application

Once HMRC clears the IHT return, the probate application goes in. The Probate Service typically grants it within 2-3 weeks. But if the application is flagged (incomplete information, unclear beneficiaries, etc.), it gets held for manual review. That can add 4-8 weeks.

Week 7+: Distribution

Once the grant is issued, solicitors distribute funds to beneficiaries. This should take 1-2 weeks. But if there are disputes, missing beneficiaries, or complications with asset sales, it extends further.

The Hidden Delay: Many families don’t realise that waiting for a property sale can extend the entire probate timeline. If the estate includes a house that needs to be sold, you’re not distributing funds until the sale completes. That can add 8-12 weeks.

Why Solicitors May Struggle to Manage This

For solicitors managing probate, 2026 is harder than ever. Here’s why:

HMRC Communication: Getting responses from HMRC is increasingly difficult. Solicitors report that IHT queries take weeks to get answered. Some queries never get answered, they just disappear into the system.

Digital System Friction: The Probate Service’s digital system works well for straightforward cases. But for anything unusual, it creates friction. Solicitors end up submitting, getting rejected, resubmitting a cycle that can add weeks.

Client Expectations: Families expect probate to move faster than it actually does. Solicitors are managing disappointed clients, explaining delays that are beyond their control, and dealing with pressure to speed up processes they can’t control.

Fee Pressure: As probate takes longer, solicitors either absorb the additional time (cutting into margins) or increase fees (which families resist). Either way, it’s painful.

What Families Can Do to Speed Things Up

If you’re an executor or beneficiary waiting for probate, there are steps you can take:

Be Organised from Day One: Gather all documents (will, death certificate, asset statements, property valuations) before instructing a solicitor. This saves 1-2 weeks of back-and-forth.

Provide Clear Information: Make sure your solicitor has complete information about all assets, liabilities, and beneficiaries. Incomplete information triggers queries and delays.

Don’t Wait for Everything: You don’t have to wait for a property sale to distribute liquid assets. If the estate includes a house that will take months to sell, distribute cash to beneficiaries now and settle the property later.

Follow Up on HMRC: Ask your solicitor to chase HMRC on outstanding IHT queries. Sometimes a phone call gets faster results than waiting for email responses.

Consider Probate Funding: If you need access to funds before probate completes, probate funding (also called probate advances) can help. You can access a portion of the expected inheritance now, with repayment from the estate once probate finalises.

Why Level Exists in This Landscape

The probate delays and rising costs create a real problem: families need funds now, but probate won’t complete for 4-6 months.

Solicitors need a reliable way to help clients access funds early without creating additional complications.

That’s where probate funding comes in. At Level, we provide advances on expected probate distributions. Executors can access funds immediately, repay from the estate once probate completes.

It’s not a replacement for probate, it’s a bridge while the process unfolds.

The 2026 Probate Reality

Probate isn’t broken. But it’s slower, more complex, and more expensive than it used to be. Families need to understand that upfront. Solicitors need tools to help clients navigate the wait. If you’re going through probate right now, don’t assume the standard 4-8 week timeline applies. Plan for 4-6 months. Budget for higher costs. And if you need access to funds sooner, know that options exist.

Level is the trading name of Integro Funding Limited, incorporated in England and Wales with company number 10467450. Integro Funding Limited are authorised and regulated by the Financial Conduct Authority. FRN: 772858. The registered office address is 20-22 Wenlock Road, London, N1 7GU.