Probate Delays in 2026: How Long Will You Really Wait?

If you're an executor dealing with a loved one's estate, one of your first questions is likely to be: how long will probate take? Processing times have improved a lot. But delays aren't over, and bigger challenges are coming.

The current picture

After a severe backlog in 2023 (when some families waited over six months), HMCTS (the government body that processes probate applications) has made real progress:

• Online applications: typically processed within 4-5 weeks
• Paper applications: still taking up to 13 weeks
• Overall average: around 6 weeks from submission to grant

That's a significant improvement from the 12+ weeks at the end of 2023 and the 23-week paper application timescales we saw at the worst of the backlog.

Online vs. paper: it makes a big difference

The single most important thing you can do to speed up probate is apply online. Around 80% of applications are now submitted digitally, and they're processed much faster than paper ones.

HMCTS has been expanding the types of application that can be submitted online. Previously, only straightforward cases with a will could use the digital service. Now, more complex cases are being added, and HMCTS plans to allow intestacy applications (where there's no will) to be submitted online by summer 2026.

Why do delays still happen?

Even with improvements, certain things can slow down your application:

• Errors on the application form:mistakes in names, dates, or values can cause your application to be "stopped" (put on hold) while HMCTS requests corrections
• Missing documents:the original will must be submitted; copies are not accepted
• Caveats:if someone lodges a caveat (a legal objection to probate being granted), your application is frozen until it's resolved. Caveat applications have risen 12% recently as rising property prices fuel disputes
• Complex estates:estates with overseas assets, trusts, or business interests take longer
• Q1 pressure:January to March is HMCTS's busiest period, so applications during this time may take longer

The pension challenge ahead

From April 2027, unused pension funds will come into the inheritance tax net. This will make many more estates liable for IHT, which means more estates will need to complete the full IHT reporting process before they can apply for probate.

The Law Gazette has warned that this could create a fresh wave of delays, as executors struggle with more complex tax calculations and HMCTS handles a higher volume of IHT-linked applications.

How to avoid delays: a checklist for executors

1. Apply online:it's faster, and you can track your application's progress
2. Double-check everything:make sure names, dates, and values exactly match the death certificate and will
3. Submit the original will:not a copy. If you can't find it, you'll need to explain why
4. Get the IHT form right first time:errors here are the most common cause of "stopped" applications
5. Register the death promptly:you can't apply for probate without the death certificate
6. Check for caveats:if family disputes are likely, deal with them early rather than waiting for a caveat to derail your application
7. Keep records:photograph or copy everything before submitting originals

What can you do now to help your executor?

The best thing you can do is make your executor's job easier before they need to do it:

• Make a will:an up-to-date, clear will is the single biggest thing you can do to simplify probate. Create yours in five easy steps
• Tell your executor where your will is:they can't act on it if they can't find it
• Keep a list of your assets:bank accounts, pensions, property, investments, digital assets
• Choose the right executor:someone organised, trustworthy, and willing to do it. Read our guide to choosing executors

The bottom line

Probate is getting faster, but it's not instant. The best way to minimise delays is to have a clear, properly drafted will and to apply online. And with changes to pension taxation coming in 2027, now is the time to make sure your estate is as straightforward as possible for the people you leave behind.

Sources

• Probate waiting times halved thanks to Government push — GOV.UK
• HMCTS update for probate firms: Q1 2026 — ICAEW
• Wills and probate: Legacy system — Law Gazette
• Delays fall as Probate Service performance improves — Legal Futures
• Probate delays: are we finally over the hump? — Fraser & Fraser
• Decline in probate delays is a good first step — The Law Society