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Probate delays remain a concern - planning ahead can help avoid problems

Delays in administering estates and obtaining probate continue to cause difficulties for families and executors across England and Wales, particularly where estates are complex or involve inheritance tax issues.

Although processing times for straightforward applications have improved in recent years, delays have not disappeared. HMCTS reported average probate waiting times had fallen significantly by late 2024, with many straightforward applications being processed within weeks rather than months.
However, more complex estates can still take much longer. Recent figures indicate that more than 2,000 probate applications took over a year to be granted in the 12 months to April 2025, up from 737 in 2020/21.

A number of factors can contribute to delays.

More estates are now being drawn into inheritance tax reporting because thresholds have remained frozen. This can increase administration and require additional work before probate is granted.

Practical issues also remain important. Missing information, errors in applications, inconsistencies in wills, or uncertainty over assets can all result in queries from the Probate Registry and delay progress.

Poorly drafted wills can create particular problems. In some cases, uncertainty over wording or interpretation can delay the administration of an estate while issues are resolved.
There are, however, practical steps that can help reduce the risk.

Having a professionally prepared and up-to-date will remains one of the most effective ways of avoiding unnecessary complications. Estates where no will exists often take longer to administer because the rules of intestacy apply and additional procedural requirements may arise.

Keeping clear records of assets, liabilities and important documents can also assist executors and reduce delays later.

Choosing executors carefully is equally important. Executors should be willing and able to undertake what can be a lengthy administrative process. In some circumstances, appointing professional executors may be appropriate.

Early action after death can also help. Executors should begin gathering information promptly, obtain valuations where necessary and seek advice where estates involve businesses, property portfolios, inheritance tax or other complexities.

Please contact us if you would like advice about wills and probate or any aspect of inheritance planning.