Probate Registry
Probate Registry Delays
Probate registry delays are averaging 16 weeks in 2024. Understanding the causes — and how to avoid them — can save months of frustration during an already difficult time.
Current Timelines
How Long Does Probate Take in 2024?
The probate process has four distinct stages. Each stage has its own timeline — and its own potential for delay. The total time from application to grant currently averages 16 weeks for straightforward estates.
Submission
1–2 weeks
Application submitted online or by post. Online applications are processed faster — paper applications add 2–4 weeks to the overall timeline.
Initial Review
4–8 weeks
Registry staff review the application for completeness. Any errors or missing documents trigger a "stop" — a formal request for further information that pauses the clock.
HMRC Clearance
4–12 weeks
Where an IHT400 has been submitted, the registry waits for HMRC to confirm that inheritance tax has been paid or that the estate is excepted. This is the single biggest source of delay.
Grant Issued
1–2 weeks
Once all checks are complete and HMRC clearance is received, the Grant of Probate or Letters of Administration is issued and posted to the applicant.
Important: These are average timelines for straightforward estates. Estates requiring an IHT400, involving overseas assets, or subject to a caveat can take significantly longer — sometimes 12–24 months. The probate registry advises against contacting them before 16 weeks have elapsed.
Why Applications Stall
Common Causes of Probate Registry Delays
Most delays are avoidable. Understanding the common causes allows executors to take preventive action before submitting their application.
Clerical errors in the application
A single typo — a misspelled name, an incorrect date of birth, or a wrong address — can trigger a formal stop and add six weeks or more to the process. The registry will not correct errors informally; a written response is required.
Missing or incomplete documents
The original Will must be submitted with the application. If it cannot be located, a copy may be accepted in limited circumstances — but this requires a sworn statement and court approval, adding significant time.
IHT400 and HMRC clearance
Where the estate exceeds the IHT threshold, an IHT400 must be submitted to HMRC and inheritance tax paid before probate can be granted. HMRC currently takes 8–12 weeks to process IHT400 forms, and the registry will not issue the grant until clearance is confirmed.
Contested applications
If a caveat has been lodged against the estate — for example, by someone disputing the Will's validity — the grant cannot be issued until the dispute is resolved. Contested probate cases can take 12–24 months or longer.
Overseas assets
Estates containing foreign property or assets require additional documentation — including foreign death certificates, translations, and sometimes foreign court orders — before the UK grant can be issued.
Multiple executors
Where there are several executors, all must sign the application. If one executor is abroad, unwell, or unresponsive, the application cannot proceed until all signatures are obtained or a Power Reserved is formally recorded.
Application Method
Online vs Paper Applications
The method you use to apply for probate has a significant impact on processing times. Online applications are processed considerably faster than paper applications.
| Feature | Online Application | Paper Application |
|---|---|---|
| Submission method | HMCTS online portal | Post to probate registry |
| Initial processing time | 2–4 weeks | 6–10 weeks |
| Error correction | Faster digital communication | Written correspondence only |
| Document submission | Scanned copies accepted initially | Originals required by post |
| Status tracking | Online portal updates | No real-time tracking |
| Recommended for | Most estates | Complex or contested estates |
The IHT400 Connection
Why Inheritance Tax Causes the Longest Delays
The single biggest source of probate delay is the interaction between the probate registry and HMRC. Where an estate exceeds the inheritance tax threshold, executors must submit an IHT400 form to HMRC and pay the tax due before the probate grant can be issued.
HMRC currently takes 8–12 weeks to process IHT400 forms. The probate registry will not issue the grant until it receives confirmation from HMRC that the tax has been paid or that the estate qualifies for an exemption. The registry and HMRC operate as entirely separate organisations — the registry cannot chase HMRC on your behalf.
This creates a practical problem: the estate's assets are frozen until probate is granted, but inheritance tax must be paid before probate. The solution is the Direct Payment Scheme — which allows executors to instruct the deceased's bank to pay IHT directly to HMRC from the estate's accounts.
Direct Payment Scheme
Most major UK banks participate in the Direct Payment Scheme, allowing executors to instruct the bank to pay IHT directly to HMRC from the deceased's accounts — without needing probate first.
Probate Loans
Where the estate's liquid assets are insufficient to cover the IHT bill, specialist probate loan providers can advance funds to pay HMRC — secured against the estate and repaid once probate is granted.
Instalment Option
IHT on certain assets — including property — can be paid in 10 annual instalments rather than as a lump sum. This can ease cash flow, but interest accrues on the outstanding balance.
Practical Steps
Action Plan: Minimising Probate Delays
Most probate delays are preventable. Follow these five steps to give your application the best chance of progressing without stops.
Gather documents before applying
Locate the original Will, obtain multiple certified copies of the death certificate, and compile a full asset schedule before submitting the application. Incomplete applications are the most common cause of stops.
Submit the IHT400 early
If the estate is likely to exceed the IHT threshold, submit the IHT400 to HMRC as early as possible — ideally before or simultaneously with the probate application. HMRC clearance is the longest single delay in the process.
Use the online portal
Apply online via the HMCTS probate portal rather than by post. Online applications are processed significantly faster and allow you to track the status of your application in real time.
Check the application meticulously
Review every name, date, and figure in the application before submission. A single error triggers a formal stop — and each stop adds weeks to the timeline. Consider having a solicitor review the application before submission.
Monitor the application online
Log in to the HMCTS portal regularly to check for updates or requests for further information. Respond to any stops promptly — delays in responding extend the overall timeline.
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Common Questions
Frequently Asked Questions
How long does probate take in 2024?
The average time from application to grant is currently 16 weeks for straightforward estates. Complex estates — particularly those requiring an IHT400 or involving overseas assets — can take 6–12 months or longer. The registry has faced significant backlogs since 2020, and processing times remain elevated.
What is a probate "stop"?
A stop is a formal request from the probate registry for further information or clarification. It pauses the application until the executor responds. Common reasons include clerical errors, missing documents, or queries about the estate's value. Each stop typically adds 4–8 weeks to the overall timeline.
Can I chase the probate registry?
You can contact the probate registry by telephone or email to check the status of your application. However, the registry advises against calling before 16 weeks have elapsed — premature calls do not speed up the process and can divert staff from processing applications. Use the online portal to track progress where possible.
Why does inheritance tax cause probate delays?
Where an IHT400 is required, the probate registry will not issue the grant until HMRC confirms that inheritance tax has been paid or that the estate qualifies for an exemption. HMRC currently takes 8–12 weeks to process IHT400 forms. The registry and HMRC operate independently — the registry cannot chase HMRC on your behalf.
Is an online probate application faster than a paper application?
Yes. Online applications submitted via the HMCTS probate portal are processed significantly faster than paper applications. Paper applications must be posted to the registry, manually scanned, and entered into the system — adding 4–6 weeks to the initial processing stage. Online applications also allow real-time status tracking.
What happens if the original Will cannot be found?
If the original Will cannot be located, a copy may be admitted to probate in limited circumstances — but only with a sworn statement explaining why the original is unavailable and evidence that the copy is authentic. This process requires a court application and adds significant time and cost to the probate process.
Can a solicitor speed up the probate process?
A solicitor cannot override the registry's processing times, but they can significantly reduce the risk of stops by ensuring the application is complete and accurate before submission. Solicitors also have experience identifying potential issues — such as IHT complications or disputed assets — before they cause delays.
What is the probate registry backlog?
The probate registry experienced a significant backlog from 2020 onwards, caused by a combination of increased applications following the pandemic, staff shortages, and the introduction of a new digital case management system. Processing times have improved since 2022 but remain above pre-pandemic levels.
Can I apply for probate before paying inheritance tax?
No. Where inheritance tax is due, it must be paid — or at least substantially paid — before the probate grant is issued. This creates a practical problem: the estate's assets are frozen until probate is granted, but tax must be paid before probate. Solutions include the Direct Payment Scheme (paying IHT directly from the deceased's bank accounts) and probate loans.
What is the Direct Payment Scheme?
The Direct Payment Scheme allows executors to instruct the deceased's bank to pay inheritance tax directly to HMRC from the estate's accounts — without the executor needing to access the funds personally. Most major UK banks participate in the scheme. This avoids the need for executors to fund the IHT payment from their own resources while waiting for probate.
Our Probate Team
Speak to a Member of Our Team
Nikolina Vukovic
Legal Executive — Wills, Trusts & Estates
Nikolina specialises in probate, wills, trusts and estate administration. She supports clients through what is often one of the most difficult periods of their lives — from straightforward administrations to complex estates involving property, inheritance tax and sensitive family circumstances.
Darren Steele
Senior Private Client Executive · STEP Member
Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in wills, trusts, lasting powers of attorney and probate — with particular expertise in inheritance tax planning and complex estate structuring.
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and lasting powers of attorney. Known for her calm, methodical approach, she brings both legal expertise and genuine insight to every matter — particularly in emotionally complex family situations.
David Stahler
Wills, Trusts & Estates Executive
David is our first point of contact for clients enquiring about probate and estate planning. He brings a warm, personable approach to what can be a sensitive subject — and clients consistently remark on how at ease he makes them feel. Discreet, approachable, and thorough.
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