Concerns have been raised over delays in granting probate following a freedom of information request which showed a 155% increase in cases taking over 18 months. With pensions being brought into the scope of inheritance tax (IHT) from April 2027, there is a danger the situation could get worse.
The warning was sounded by financial adviser and pension provider Quilter following analysis of data obtained from the Ministry of Justice. Despite government guidance suggesting a grant of probate should typically be issued within 16 weeks of submitting an application, Quilter said around one in eight estates took longer than six months to clear probate in 2024/25.
A growing proportion of estates are taking significantly longer: between 2021/21 and 2024/25 the number of cases that took over six months to grant probate increased 140%, from 3,955 to 9,480. Over the same period the number of cases taking over 18 months jumped 155% (170 to 433).
In a recent report, the Ministry of Justice said the digitisation of the probate registry has helped speed up the process. Open cases for probate decreased from 25,103 in December 2024 to 23,932, down by 5%. Of the open caseload at the end of December 2025, 78% (30,659) had been open for less than six months.
However, delays have an impact on IHT, Ian Futcher, financial planner at Quilter, warned. HMRC can charge interest on unpaid tax from six months after death, meaning prolonged probate can translate into higher tax bills – even where delays are outside the family’s control.
Futcher explained: “A growing number of families are now waiting well over a year, and in some cases nearly two years, for probate to be granted. That creates real stress for executors and beneficiaries alike.
“With pensions set to become part of the taxable estate from April 2027, there is a real risk that these delays become even more entrenched. Executors may need to track down information across multiple pension schemes, confirm valuations and deal with additional tax reporting, all while the clock is ticking on inheritance tax.
“Given how stretched the probate system already is, anything people can do now to reduce complexity will help their executors navigate the process more quickly, avoid unnecessary costs and reduce stress at an already difficult time.”
Length of time taken to grant probate (tax year totals)
| Tax year | Over 6 months | Over 9 months | Over a year | Over 18 months | Between 21–23 months |
| 2020/21 | 3,955 | 1,987 | 737 | 170 | 88 |
| 2021/22 | 5,138 | 2,605 | 872 | 204 | 91 |
| 2022/23 | 5,794 | 2,914 | 970 | 222 | 109 |
| 2023/24 | 10,811 | 4,865 | 1,619 | 323 | 162 |
| 2024/25 | 9,480 | 5,344 | 2,040 | 433 | 203 |
| % change (2020/21–2024/25) | 140% | 169% | 177% | 155% | 131% |
