UK Probate Delays in 2026: What Executors Should Know

If you are waiting for a Grant of Probate in 2026, you are not imagining that it is taking longer than it should. Probate waiting times across England and Wales have increased substantially over recent years, and the situation has become a real source of stress for executors and families trying to settle a loved one's estate.

This article explains what is happening with probate processing times, why delays have worsened, and what you can do to give your application the best chance of being handled efficiently.

What the Data Shows

Freedom of Information data published in April 2026 paints a concerning picture of the UK probate system:

• The number of cases taking between 21 and 23 months to process has risen by over 130% since 2020/21
• Long-running cases overall have increased by more than 150%
• Cases taking over six months -- which directly delays property sales and asset distribution -- have jumped by around 140%

At the same time, caveat applications (where someone formally objects to a Grant of Probate being issued) have risen by 12% year-on-year, with over 11,500 filed. That represents a 56% increase since 2019.

These are not minor bureaucratic hiccups. For families waiting to sell a property, distribute an inheritance, or simply close a chapter, these delays have real financial and emotional consequences.

Why Is Probate Taking Longer?

Several factors are contributing to the backlog:

The Shift to Digital Applications

Around 80% of probate applications are now submitted online, which was intended to speed things up. In practice, the digital system has introduced new problems. Legal professionals have reported that the online forms can lead to costly errors, particularly for more complex estates. When mistakes are made, applications are returned, adding weeks or months to the process.

Increased Complexity of Estates

Modern estates are more complex than they were a generation ago. People hold assets across multiple platforms, in different jurisdictions, and in forms that did not exist twenty years ago -- from cryptocurrency to online investment accounts. Each additional layer of complexity adds time to the process.

Rising Inheritance Tax Workload

Recent changes to Agricultural Property Relief (APR) and Business Property Relief (BPR), which came into effect in April 2026, have added new considerations for estates involving farms and businesses. This has increased the number of estates that require careful IHT calculations before probate can be granted.

Caveat Disputes

The sharp rise in caveat applications suggests more estates are being contested. Each caveat pauses the probate process until the dispute is resolved, which can add months or even years to the timeline.

HMCTS Capacity

HM Courts and Tribunals Service processes all probate applications. While they have invested in digital infrastructure, the volume of applications and the complexity of modern estates have outpaced capacity improvements.

What This Means for You as an Executor

If you are applying for probate in 2026, it is worth setting realistic expectations:

• Simple estates with straightforward wills, no disputes, and clearly identifiable assets may still be processed in a matter of weeks
• More complex estates -- particularly those involving property, business assets, or any element of dispute -- could take six months or considerably longer
• If a caveat is filed, the timeline becomes unpredictable until the dispute is resolved

During the waiting period, you generally cannot distribute estate assets (with limited exceptions). This means beneficiaries may be waiting longer than expected, and properties cannot be sold.

How to Reduce Delays

While you cannot control HMCTS processing times, you can take steps to avoid common causes of delay:

Get the Application Right First Time

The single biggest thing you can do is submit a complete, accurate application. Returned applications are one of the main causes of avoidable delay. If you are using the online system, double-check every field. If the estate is at all complex, consider getting a solicitor or probate specialist to review the application before you submit it.

Gather Documents Early

Before you apply, make sure you have:

• The original will (if there is one)
• The death certificate
• A full picture of the deceased's assets and liabilities
• Valuations for property, investments and other significant assets
• Details of any gifts made in the seven years before death

Having everything ready before you start the application avoids back-and-forth that adds weeks.

Pay Inheritance Tax Promptly

If IHT is due, it generally needs to be paid (or arrangements made) before the Grant of Probate can be issued. Delays in calculating or paying IHT will delay probate. If the estate does not have liquid funds to pay IHT upfront, speak to a solicitor about options -- some banks will release funds for this purpose directly.

Be Aware of the Copy Certificate Fee

The cost of obtaining additional copies of the Grant of Probate has risen to £16 per copy (up from £1.50). While this does not affect processing time, it is worth ordering enough copies upfront, as you will need to send them to banks, insurers and other organisations.

Consider Professional Help for Complex Estates

If the estate involves business assets, agricultural land, overseas property, trusts, or any element of dispute, professional help is likely to save time overall. A probate solicitor can anticipate issues that might cause delays and structure the application to avoid them.

Keeping Track of Everything

While you wait for probate, there is still plenty to do. You may need to secure property, redirect post, notify organisations, manage ongoing bills, and keep beneficiaries informed. Keeping a clear record of what you have done and what is outstanding helps you stay on top of things during what can be a long process.

GetPassage is designed to help executors manage exactly this -- keeping track of every task, notification and deadline in one place so that nothing falls through the cracks while you wait for the legal process to run its course.

Looking Ahead

There are signs that the government is aware of the problems. Ongoing policy discussions around death administration reform and the digital probate system suggest improvements may be on the way. But for anyone applying for probate today, the practical reality is that patience and preparation are your best tools.

If you are currently waiting for probate and feeling frustrated, know that you are not alone. The system is under strain, and the delays are not a reflection of anything you have done wrong.