The percentage of probate cases that take almost two years to be granted has increased by 131%

Experts warn that once pensions are subject to inheritance tax regulations starting in April of next year, probate delays will only get worse

According to Ministry of Justice Freedom of Information data, the number of probate cases that take nearly two years to conclude has more than doubled since 2020-2021.

The percentage of probate cases that take between 21 and 23 months to be granted has increased by 131 percent (from 88 to 203) over the last five years, indicating a marked worsening of delays.

The category of individuals who had to wait more than a year for the process to be finished saw the largest increase in the time it took to grant probate, rising by 171 percent since 2020 - 2021. Compared to 2,040 cases in 2024 - 2025, there were 737 cases waiting this long at the time.

Start your trial Financial experts are cautioning that when pensions are subject to inheritance tax (IHT) starting in April 2027, the situation is likely to get worse. They are pleading with people to act immediately in order to prevent probate disputes and delays, as well as to simplify things for those who are left behind.

"A growing number of families are now waiting well over a year, and in some cases nearly two years, for probate to be granted," stated Ian Futcher, financial planner at wealth manager Quilter, which acquired the FOI data. Both executors and beneficiaries are greatly stressed out by that. A "

He continued, "There is a genuine risk that these delays become even more entrenched with pensions set to become part of the taxable estate." "While the clock is ticking on inheritance tax, executors might have to find information across several pension plans, verify valuations, and handle additional tax reporting. A "

In a different article, we examine how to handle the complexities of inheritance tax paperwork.

Probate: What is it?

When someone passes away, probate is the legal right to handle their estate, including their possessions, money, and property, and to distribute it in accordance with their will or the law in the absence of a will.

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

However, wealth manager Quilter's Freedom of Information data from the Ministry of Justice revealed a marked rise in process delays, resulting in families having to wait months or even years to access estates.

Inheritance tax bills, which are due within six months of the deceased person's passing, are frequently impossible to pay in full without access to the estate's funds; however, in a catch-22 scenario, probate won't normally be granted until HMRC has received at least a partial payment for IHT.

About one in eight estates took longer than six months to clear probate in 2024 - 2025 alone, raising the possibility that interest on inheritance tax would accrue where it was due.

What is the average duration of probate?

Government guidelines state that an application should normally result in a grant of probate within 16 weeks.

Nonetheless, the data revealed an increasing percentage of estates that were waiting much longer than this period, with a notable increase in cases that took more than a year and a significant rise in cases that took almost two years.

Probate delays can keep executors from managing investments, selling property, or accessing bank accounts, freezing estates at a time when families may already be experiencing emotional and financial hardship.

Even in cases where delays are beyond the family's control, a protracted probate can result in higher tax bills because HMRC can charge interest on unpaid inheritance tax starting six months after death.

How to lower the likelihood of probate delays.

Treating the beginning of the new tax year as a time to do a financial MOT is one of the best ways to lessen the load on executors, according to Futcher from Quilter. Spring cleaning your finances while you're still alive can greatly reduce delays later.

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

"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 continued, considering how overburdened the probate system is already.

According to a Ministry of Justice spokesperson, the department has made significant efforts to shorten probate applicant wait times, including by training staff and streamlining the application processing process. As a result, record numbers of grants have been awarded over the past year.

"Most probate applications are now granted within five weeks, down two weeks from a year ago, but we understand how distressing delays can be in certain cases," they continued.

"Applicants can schedule an appointment with the probate team if they believe their cases are not moving forward. The "