Being named as an executor (someone appointed in a will to manage a deceased person’s estate) is a significant responsibility. It’s also a role that often arrives at one of the hardest moments of your life, when you’re dealing with grief, family dynamics, and complex financial administration all at once.
If probate (the legal process of validating a will and administering an estate) is taking far longer than you expected, you’re not alone. In 2026, processing delays at HM Courts and Tribunals Service (HMCTS) and HM Revenue and Customs (HMRC) are adding to the frustration felt by executors across England and Wales. This article explains why delays happen, what you can do about them, and when it’s worth instructing a solicitor.
How Long Should Probate Take in England and Wales?
HMCTS targets 16 weeks for straightforward online probate applications. Paper applications generally take longer.
The 16-week target covers the grant of probate (the legal document that authorises you to deal with the estate) only. Full estate administration, including collecting assets, settling debts, and distributing funds to beneficiaries (those entitled to receive from the estate), typically takes between six and 12 months. Complex estates can take considerably longer, and it’s worth setting realistic expectations with beneficiaries from the outset.
Common Reasons Probate is Taking Too Long
Several factors can slow the probate process down. The most common include:
- HMRC inheritance tax (IHT) processing times
- Probate Registry backlogs or “stops” placed on applications
- Missing, incomplete, or incorrect paperwork
- Complex estates involving overseas assets, trusts, or business interests
- Missing or unknown beneficiaries
- Disputes, caveats, or challenges to the Will
We look at each of these in more detail below.
HMRC and Inheritance Tax Delays
Some estates require an Inheritance Tax return to be submitted before the probate application can be submitted to the Court. It can take several weeks for the application to be dealt with and for the tax to be paid.
Once satisfied, HMRC provides confirmation that you can then apply to the Probate Registry. Until that confirmation is provided, your application can’t move forward. Our inheritance tax planning solicitors can help ensure your IHT submission is accurate from the outset, avoiding unnecessary delays.
Probate Registry Backlogs and Stopped Applications
The Probate Registry may place a “stop” on your application if it identifies errors or missing documents. A stop halts your application entirely until you respond to the Probate Registry’s query.
Incomplete or Incorrect Application Paperwork
Errors in your original application are one of the most avoidable causes of delay. Common triggers for a stop include:
- Submitting a copy rather than the original will
- Names that don’t match between the application, the will, and the death certificate
- Incorrect or inconsistent asset valuations
- IHT figures that don’t align with the submission made to HMRC
- Missing signatures or witnessing errors on application forms
Complex Estates, Overseas Assets and Missing Beneficiaries
Some estates take much longer by their very nature. If the deceased was resident overseas, owned overseas property, held private business interests, had assets held in trust, or made large gifts during their lifetime the process will be considerably longer than a straightforward application.
Foreign assets often require a separate legal process known as resealing (having a UK grant recognised abroad) or require evidence from lawyers based in that country.
Disputes, Caveats and Contested Wills
If someone has concerns about a will’s validity, they can enter a caveat (a formal notice lodged at the Probate Registry) to halt the grant. Caveats last six months and can be renewed. As executor, you can serve a “warning” requiring the caveator (the person who entered the caveat) to declare their legal interest or allow it to lapse.
Where a will is being contested or an Inheritance (Provision for Family and Dependants) Act 1975 claim (a claim by certain relatives or dependants for financial provision from the estate) has been made, delays can extend for many months. Our contentious probate team can advise if this situation arises.
Practical Steps Executors Can Take to Move Probate Forward
There are practical steps you can take while you wait to help move the process forward:
- Check your application status by calling the Probate Registry helpline on 0300 303 0648.
- Chase HMRC directly if you’re waiting for IHT clearance, and keep a record of every call.
- Respond promptly to any Probate Registry queries to avoid further hold-ups.
- Gather any outstanding asset valuations so you can act quickly when needed.
- Keep beneficiaries informed to manage expectations and reduce pressure on you.
- Consider instructing a probate solicitor to help streamline the process and address any complications.
How to Complain About a Probate Delay
If your application has been unreasonably delayed, you can raise a formal complaint through the HMCTS complaints process. If you’re not satisfied with the outcome, you can escalate to the Parliamentary and Health Service Ombudsman (PHSO), the independent body that investigates complaints about public services. Writing to your local MP can also apply pressure in cases of significant, unexplained delay.
Executor Responsibilities While Waiting for Probate
While you wait for the grant, you can take steps to secure estate assets, such as ensuring property is insured and maintained. You can also notify banks and financial institutions of the death, pay urgent bills where the bank agrees, and keep beneficiaries informed. What you can’t do is distribute the estate, transfer property, or formally collect assets until the grant of probate has been issued.
When to Instruct a Probate Solicitor
There are clear points at which professional help will save you time, money, and significant stress:
- A stop has been placed on your application.
- HMRC has raised queries about your IHT400 submission.
- A caveat has been entered or the Will is being contested.
- The estate includes overseas assets, trust interests, or a private business.
- A beneficiary is threatening your removal as executor.
- Administration is approaching or has passed the 12-month mark.
How Levi Solicitors Can Help With Delayed Probate
Our wills, probate and estate planning team works with executors at every stage of the probate process, including cases where delays have already taken hold. Whether it’s a Probate Registry stop, an IHT query, or a contested will, we’ll provide clear and practical guidance at every step.
Wherever possible, we’ll identify the most cost-effective route forward. Call us today on 0800 988 7756 or book an appointment online.
Frequently Asked Questions About Probate Delays
How Long is Probate Currently Taking in the UK in 2026?
HMCTS targets 16 weeks for straightforward online applications. In practice, many take longer due to HMRC processing times, Probate Registry backlogs, or application errors. For complex estates requiring a full IHT400 submission, or those involving disputes, the grant alone can take six months or more, with full administration extending well beyond that.
Can Beneficiaries Force an Executor to Apply for Probate?
Yes. If an executor is unreasonably delaying, a beneficiary can issue a “citation to take probate” (a court process requiring the executor to act or formally renounce their role). Alternatively, a beneficiary can apply under section 50 of the Administration of Justice Act 1985 to have the executor removed and replaced by the court.
What Happens if Probate Takes More Than a Year?
Under the “executor’s year” principle, executors are expected to complete administration within 12 months of the date of death. After that, beneficiaries may become entitled to interest on their legacy (their entitlement from the estate), and the executor may face formal challenge. If you’re approaching this point, it’s worth seeking legal advice promptly.
Can I Sue the Probate Registry or HMRC for Delays?
Litigation isn’t a realistic option. The appropriate route is a formal complaint to HMCTS, followed by escalation to the Parliamentary and Health Service Ombudsman (PHSO) if needed. In cases where delays have caused demonstrable financial loss, limited compensation may be awarded through the ombudsman process.
Does a Caveat Stop Probate Completely?
Yes. Once in place, no grant can be issued while the caveat stands. Caveats last six months and can be renewed by the caveator. As executor, you can serve a formal “warning” to require the caveator to enter an “appearance” (a formal declaration of their legal interest) or allow the caveat to lapse. Unresolved disputes may need to go to court.
Should I Instruct a Solicitor if Probate is Delayed?
If the hold-up is a routine wait, you may be able to manage it yourself. But if a stop has been placed, a caveat entered, or there are IHT complications, instructing a probate solicitor is likely to save both time and cost. Straightforward advice that you can rely on is exactly what we’re here to provide.
If probate is taking longer than expected, don’t wait. Call our team today on 0800 988 7756 for an initial chat, or book an appointment online. Straightforward advice that you can rely on, from our offices in Leeds, Moortown and London.
