Probate delays: how to chase HMCTS and HMRC – steps to take when waiting times stretch in the UK

Probate delays: how to chase HMCTS and HMRC

Quick answer

If you’re waiting for a Grant of Probate in England and Wales, you can take active steps to chase both HMCTS (Her Majesty’s Courts and Tribunals Service) and HMRC when delays occur beyond the typical 16-week waiting time. HMCTS processes probate applications, while HMRC involvement typically arises when the estate’s value exceeds the £325,000 (gov.uk — Inheritance Tax) Nil Rate Band or inheritance tax is due. You may contact HMCTS directly for case updates, request priority processing in certain circumstances, and escalate concerns through formal complaint procedures. For HMRC delays, particularly with tax clearance certificates or inheritance tax assessments, you can request updates and, if necessary, lodge formal complaints. Understanding your rights and the reasons for delays—such as missing documents, complex asset valuations, or tax queries—is essential for effective follow-up. This guide explains how to chase HMCTS and HMRC during probate delays in 2026/27, strategies for escalating complaints, and steps to expedite estate administration when waiting times stretch.

Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.

Dealing with estate administration in the UK can be challenging, especially when faced with probate delays. Recent data indicates that the average waiting time for a Grant of Probate can exceed 16 weeks, causing frustration and stress for those managing the estate of a loved one.

We understand the importance of navigating this complex process efficiently. In this article, we will guide you through the steps to take when waiting times stretch, including effective strategies for chasing HMCTS and HMRC. Our aim is to provide you with practical advice and insights to help you manage this difficult period.

Key Takeaways

  • Understand the current waiting times for Grant of Probate in the UK.
  • Learn effective strategies for chasing HMCTS and HMRC.
  • Discover steps to manage estate administration during probate delays.
  • Find out how to navigate the complexities of probate delays.
  • Gain insights into reducing stress during estate administration.

Understanding Probate Delays in the UK

Understanding the causes of probate delays is crucial for managing expectations during the estate administration process. Probate delays can arise from various factors, including the complexity of the estate, HMCTS workload, and staffing issues.

A dimly lit office interior, with a wooden desk, stacks of paperwork, and a neglected computer monitor. Muted tones of gray and brown convey a sense of bureaucratic inertia. In the foreground, a clock on the wall ticks slowly, emphasizing the passage of time. Shadows cast by a single desk lamp create a somber, heavy atmosphere, suggesting the frustration and delays associated with probate processes in the UK. The scene is captured with a medium-wide angle lens, creating a sense of enclosure and adding to the claustrophobic feel. Overall, the image evokes the challenges and difficulties faced by those navigating the complex and often slow-moving probate system.

What Causes Probate Delays?

Several factors contribute to probate delays. The European Commission for the Efficiency of Justice (CEPEJ) report highlights budgetary constraints and staffing issues within HMCTS as significant contributors. Additionally, the complexity of the estate, including the number of beneficiaries and the presence of disputed wills, can slow down the process.

According to a recent report, HMCTS has been working to address these issues, including implementing measures to improve the efficiency of probate applications. For more information on how HMCTS is tackling these challenges, you can visit their blog post on working together to avoid delays to probate.

Average Waiting Times for Probate

The average waiting times for probate can vary significantly depending on the method of application and the complexity of the estate. As of the latest updates, the waiting time for probate applications can range from several weeks to several months.

Application MethodAverage Waiting Time
Digital Applications6-8 weeks
Paper Applications12-16 weeks

Importance of Timely Probate Processing

Timely probate processing is essential for the efficient administration of an estate. Delays can lead to increased costs, including additional legal fees and tax implications. Moreover, beneficiaries often rely on the timely distribution of assets to manage their financial affairs.

“The timely processing of probate is crucial for minimizing delays and ensuring that the estate is distributed according to the deceased’s wishes.”

— Probate Expert

Understanding the causes of probate delays and the average waiting times can help individuals better navigate the probate process. By staying informed and taking proactive steps, executors and administrators can minimize delays and ensure a smoother estate administration process.

When to Chase HMCTS for Updates

Understanding when to chase HMCTS for updates is crucial in managing probate delays effectively. The probate process can be lengthy, and delays are not uncommon. However, knowing when to take action can help keep your application on track.

Identifying Reasonable Time Frames

A reasonable time frame for HMCTS to process a probate application varies, but generally, it can take several weeks to a few months. According to the UK government’s website, after applying for probate, it may take up to 8 weeks for HMCTS to process your application, though this can be longer in some cases. It’s essential to be patient yet vigilant.

To gauge a reasonable time frame, consider the complexity of your case and the current workload of HMCTS. You can check the UK government’s website for the most current processing times.

Initial Steps in Your Inquiry

When you decide it’s time to chase HMCTS, start by gathering all relevant information about your application, including your reference number and any previous correspondence. Then, contact HMCTS via their designated contact channels. Be clear and concise in your inquiry, stating your case reference number and the purpose of your call or letter.

  • Have your application details ready.
  • Be prepared to provide your reference number.
  • Clearly state the reason for your inquiry.

Common Responses from HMCTS

HMCTS may respond in various ways to your inquiry. Common responses include acknowledgment of your query with a timeline for a detailed response, a request for additional information, or an update on the status of your application. Be prepared to follow up if you don’t receive a satisfactory response within the given timeline.

By understanding when to chase HMCTS for updates and how to do it effectively, you can better navigate the probate process and potentially reduce delays.

Steps to Chase HMRC for Tax Issues

Three rule changes you may need to consider (2026/27)

1. Pensions become subject to IHT from 6 April 2027. Most unused defined-contribution pension pots currently sit outside the estate for IHT — that ends on 6 April 2027 (gov.uk policy paper). HMRC estimates around 10,500 estates will face IHT for the first time as a result.

2. Business and agricultural property reliefs capped at £2.5m per person from 6 April 2026. Above the cap, only 50% relief applies — effective IHT of 20%. AIM shares dropped to 50% relief and do not use the £2.5m allowance (Saffery — APR/BPR reforms).

3. The NRB, RNRB and £2m taper threshold are frozen until 5 April 2031 following the 2024 and 2025 Budgets (gov.uk — NRB and RNRB freeze). With inflation, more estates will be pulled into IHT each year — a process commonly called “fiscal drag.”

Understanding HMRC’s role in probate is essential for managing tax-related delays effectively. HMRC plays a crucial part in the probate process, particularly concerning inheritance tax and other tax liabilities of the deceased.

Understanding HMRC’s Role in Probate

HMRC is responsible for handling tax affairs related to the deceased’s estate. This includes assessing any inheritance tax due and ensuring compliance with tax laws. Their role is vital in ensuring that the estate is distributed according to legal requirements.

Key aspects of HMRC’s role include:

  • Assessing inheritance tax liability
  • Processing tax returns for the deceased
  • Handling tax-related queries from executors or administrators

Key Contact Points at HMRC

When chasing HMRC for updates on tax issues, it’s crucial to know the right contact points. HMRC provides several channels for communication, including:

  1. Telephone: HMRC has dedicated helplines for probate and inheritance tax matters.
  2. Written Correspondence: You can contact HMRC via post, though this may be slower.
  3. Online Services: HMRC’s online platform allows you to manage tax affairs digitally.

It’s advisable to keep a record of all correspondence with HMRC, including dates and details of conversations.

Filing Complaints When Necessary

If you experience undue delays or poor service from HMRC, you have the right to file a complaint. HMRC has a formal complaints procedure that you can follow.

Steps to file a complaint:

  • Contact the HMRC office you’ve been dealing with and explain your issue.
  • If unresolved, ask to escalate your complaint to a complaints team.
  • If still unresolved, you can take your complaint to the Adjudicator’s Office.

By understanding HMRC’s role and knowing how to effectively communicate with them, you can better manage tax-related aspects of probate and minimize delays.

Effective Communication with HMCTS

Dealing with HMCTS can be challenging, but there are steps you can take to ensure effective communication. Clear and concise communication is key when dealing with HMCTS, as it can significantly impact the response you receive and help resolve probate delays more efficiently.

How to Contact HMCTS

Knowing how to contact HMCTS is the first step in effective communication. HMCTS provides several contact methods, including phone, email, and post. It’s essential to choose the most appropriate method based on your specific needs and the urgency of your inquiry.

  • Phone: Calling HMCTS can be an effective way to get a quick response. Make sure you have all relevant information ready, such as your case number and personal details.
  • Email: Emailing HMCTS allows you to put your query in writing, which can be helpful for reference. Ensure you include all necessary details to avoid delays.
  • Post: Writing to HMCTS is another option, though it may take longer to receive a response. Use a clear and concise writing style and include all relevant information.

A professional person sitting at a desk, meticulously crafting a letter to Her Majesty's Courts and Tribunals Service (HMCTS). The desk is adorned with a neatly organized array of stationery, a laptop, and a cup of tea, conveying a sense of focused determination. The lighting is warm and inviting, casting a soft glow on the scene. The person's expression is one of thoughtful concentration, as they carefully compose their message, mindful of the importance of effective communication during a probate delay. The background is a muted, neutral tone, allowing the subject to take center stage. The overall atmosphere is one of professionalism, attention to detail, and a commitment to resolving the situation at hand.

Crafting Your Message for Clarity

Crafting your message clearly is crucial when communicating with HMCTS. Your inquiry should be straightforward, well-structured, and include all necessary information to avoid misunderstandings or the need for further clarification.

As “Clarity is key in communication”, it’s vital to be concise and to the point. Here are some tips to help you craft your message:

  • Clearly state the purpose of your communication at the beginning.
  • Provide all relevant case details, such as your case number and the names involved.
  • Specify what you are asking HMCTS to do or what information you need from them.

“The art of communication is the language of leadership.” – James Humes

Following Up on Communication

Following up on your communication with HMCTS is an important step to ensure that your inquiry is being processed. If you haven’t received a response within a reasonable timeframe, it’s perfectly acceptable to follow up.

When following up, refer back to your original communication and reiterate your inquiry. You can use the same contact method as before or choose a different one if you believe it will be more effective.

By following these steps and maintaining clear and effective communication, you can help ensure that your interactions with HMCTS are productive and efficient, ultimately helping to resolve probate delays.

Organising Your Documentation

To manage probate delays effectively, it’s essential to have all necessary documents readily available. Proper organisation of your documentation is a critical step in ensuring that the probate process proceeds as smoothly as possible, even when delays occur.

Essential Documents to Gather

Having all necessary documents in order is vital for a smooth probate process. This includes:

  • Death certificates: Ensure you have multiple copies as various institutions may require them.
  • Will documents: The original Will and any codicils are crucial.
  • Financial statements: Bank statements, investment accounts, and any other financial records.
  • Property deeds: Documents related to any property owned by the deceased.

As emphasised by a legal expert,

“Having all documents in one place can significantly reduce stress during an already difficult time.”

Formatting Suggestions for Clarity

To ensure clarity, it’s advisable to:

  • Keep documents in a logical order, such as chronological or categorical.
  • Use clear labels and folders for physical documents.
  • Digitise documents where possible to reduce clutter and improve accessibility.

A neatly organized desk with stacks of folders, documents, and a laptop computer. A warm, natural lighting illuminates the scene, casting gentle shadows across the surface. In the foreground, a pen and highlighter stand ready to mark up important paperwork. The middle ground features a well-labeled filing system, with tabs and dividers to keep everything in order. In the background, a bookshelf displays reference materials and legal resources. The atmosphere conveys a sense of productivity and efficiency, reflecting the meticulous attention to detail required for managing important documentation.

Keeping Records of All Correspondence

Maintaining detailed records of all correspondence with HMCTS and HMRC is crucial. This includes:

  • Dates and times of phone calls.
  • Copies of emails and letters sent and received.
  • Details of the person you spoke to, including their name and position.

By keeping meticulous records, you can ensure that you are prepared for any inquiries or updates, and can track the progress of your case effectively.

Escalating Your Case: When to Take Further Action

If you’re facing significant probate delays, knowing when and how to take further action is vital. As an executor or beneficiary, it’s essential to understand your rights and the options available for escalating your case.

Knowing Your Rights

As someone involved in the probate process, you have the right to seek updates on the status of the estate. HMCTS (Her Majesty’s Courts and Tribunals Service) and HMRC (Her Majesty’s Revenue and Customs) are obligated to provide information and assistance. Knowing your rights can empower you to navigate the system more effectively.

“Understanding your rights is the first step in taking control of the probate process.”

Options for Escalation

If you’re experiencing delays, there are several options you can consider:

  • Contacting HMCTS or HMRC directly for an update on your case
  • Submitting a formal complaint if you feel your case is not being handled appropriately
  • Seeking assistance from a legal professional specializing in probate

Each of these options has its own merits, and the best course of action will depend on your specific circumstances.

Escalation OptionDescriptionBest For
Direct ContactReaching out to HMCTS or HMRC for a case updateInitial inquiries or simple cases
Formal ComplaintSubmitting a formal complaint to HMCTS or HMRCCases where there’s a perceived mishandling
Legal AssistanceSeeking help from a probate legal professionalComplex cases or persistent delays

Seeking Legal Advice

In some cases, seeking legal advice can be beneficial. A legal professional can provide guidance on the best course of action and help you navigate the complexities of probate law. They can also represent you in communications with HMCTS and HMRC, ensuring your rights are protected.

By understanding your options and knowing when to escalate your case, you can take proactive steps towards resolving probate delays. Whether through direct contact, formal complaints, or legal assistance, taking action can help move your case forward.

The Role of Executors and Administrators

Executors play a vital role in managing the estate during the probate process. Their responsibilities are multifaceted, ranging from managing estate assets to distributing inheritances according to the deceased’s will.

Responsibilities of Executors

Executors are tasked with several key responsibilities, including:

  • Managing and protecting the estate’s assets
  • Paying off debts and taxes owed by the estate
  • Distributing the remaining assets to beneficiaries as per the will
  • Ensuring compliance with the law and the terms of the will

To effectively carry out these duties, executors must be organized and diligent. They should keep detailed records of all transactions and correspondence related to the estate.

How Executors Can Help Expedite the Process

Executors can significantly influence the speed of the probate process. By being proactive and responsive to the requirements of HMCTS and HMRC, they can help minimize delays.

ActionBenefit
Promptly gathering required documentsReduces the need for follow-up inquiries
Accurately completing and submitting formsMinimizes the risk of application rejection
Maintaining open communication with beneficiariesManages expectations and reduces anxiety

Communicating with Beneficiaries

Effective communication with beneficiaries is crucial for maintaining transparency and trust. Executors should:

  • Keep beneficiaries informed about the progress of the probate process
  • Provide updates on any challenges or delays encountered
  • Be available to answer questions and address concerns

By doing so, executors can help manage expectations and reduce the emotional strain on beneficiaries during what can be a difficult time.

Managing Expectations During Delays

Probate delays are not just frustrating; they can take a significant toll on those involved. Managing expectations during such times is crucial for maintaining emotional well-being.

Understanding the Emotional Toll of Delays

The emotional impact of probate delays should not be underestimated. The uncertainty and prolonged waiting periods can lead to increased stress levels, anxiety, and a sense of helplessness. It’s essential to acknowledge these feelings to manage them effectively.

Recognising the emotional strain is the first step towards mitigating its effects. By understanding that the feelings of frustration and worry are normal, individuals can begin to seek appropriate support and coping mechanisms.

Strategies for Stress Management

Effective stress management is vital during probate delays. Here are some strategies that can help:

  • Stay Informed: Regularly update yourself on the status of the probate process.
  • Seek Support: Reach out to family, friends, or support groups who can offer emotional backing.
  • Practice Self-Care: Engage in activities that promote relaxation and well-being, such as meditation or exercise.
  • Set Realistic Expectations: Understand that delays are sometimes unavoidable and plan accordingly.

The Importance of Patience

Patience is a valuable virtue when dealing with probate delays. Understanding that these delays are often beyond personal control can help in cultivating patience.

By focusing on what can be controlled, such as staying organised and maintaining open lines of communication with relevant authorities like HMCTS and HMRC, individuals can navigate the process more effectively.

  1. Prioritise tasks and manage your time effectively.
  2. Stay organised by keeping all relevant documents in order.
  3. Maintain a positive outlook by focusing on the end goal.

Learning from Delays: Best Practices

Probate delays can be challenging, but there are valuable lessons to be learned. By understanding the causes of delays and adopting best practices, you can navigate future probate processes more effectively.

Practical Tips for Avoiding Delays

To minimize delays, ensure all necessary documents are submitted correctly and on time. Regularly checking the status of your application with HMCTS and being proactive in addressing any issues with HMRC can also help. We recommend maintaining detailed records of all correspondence.

Seeking Professional Guidance

Engaging a professional can significantly reduce the risk of delays. Experts in estate administration can provide guidance on navigating complex processes, ensuring compliance with legislative requirements, and avoiding common pitfalls.

Staying Up-to-Date with Legislative Changes

Legislative changes can impact estate administration. Staying informed about updates and amendments to relevant laws can help you prepare and adapt, reducing the likelihood of future delays. We advise regularly checking official government sources for the latest information.

FAQ

What are the main causes of probate delays?

Probate delays can arise from various factors, including the complexity of the estate, HMCTS workload, and staffing issues. Understanding these causes is crucial to managing your expectations and taking appropriate action.

How long does it typically take to process a probate application?

Average waiting times for probate can vary, but being aware of the typical processing times can help you plan and manage your expectations. Timely processing is essential for estate administration, and delays can impact the overall distribution of the estate.

When should I start chasing HMCTS for updates on my probate application?

Identifying reasonable time frames for HMCTS responses is vital. We recommend waiting for a reasonable period after submitting your application before making inquiries. This allows HMCTS sufficient time to process your application.

How do I effectively chase HMRC regarding tax issues related to probate?

Understanding HMRC’s role in probate and identifying key contact points can help you manage tax-related aspects more efficiently. Knowing when to file complaints is also essential if you encounter significant delays or issues.

What are the essential documents I need to gather for probate?

Proper organisation of your documentation is critical. Essential documents include the will, grant of probate, estate accounts, and any other relevant paperwork. Formatting suggestions can help ensure clarity, and keeping detailed records of all correspondence is vital.

How can I escalate my probate case if I’m facing significant delays?

Knowing your rights as an executor or beneficiary is crucial. Options for escalation include contacting HMCTS or seeking legal advice. Understanding the process and available channels can help you navigate more complex situations effectively.

What are the responsibilities of executors and administrators in the probate process?

Executors and administrators play a central role in probate. Their responsibilities include managing the estate, communicating with beneficiaries, and ensuring the estate is distributed according to the will or intestacy rules.

How can I manage the emotional toll of probate delays?

Dealing with probate delays can be stressful. Strategies for managing stress include staying organised, seeking support, and practising patience. Understanding the emotional impact of delays can help you maintain your well-being during this challenging time.

What are the benefits of seeking professional help with probate?

Seeking professional help can provide valuable guidance and support. Professionals can help you navigate complex issues, avoid potential pitfalls, and ensure the probate process is handled efficiently.

How can I stay informed about legislative changes that may impact estate administration?

Staying informed about legislative changes is crucial for effective estate administration. We recommend regularly checking official government websites and seeking professional advice to ensure you’re up-to-date on any changes that may affect your estate.

Tracking Your Probate Application Online and Understanding Regional Waiting Times

One of the most common frustrations our team encounters is executors waiting in silence, unsure whether their application has been received, queued, or flagged for a query. Knowing how to monitor progress proactively can reduce anxiety and help you intervene at the right moment.

How to Use MyHMCTS to Check Application Progress

If your solicitor or probate practitioner submitted the application through the MyHMCTS portal, they will typically have access to a case dashboard where status updates are recorded. Lay applicants who submitted directly through the HMCTS online probate service can log back into their account using the same Government Gateway credentials used at submission. Once logged in, the application status is generally displayed as one of several stages: submitted, case created, examining, or grant issued. In our experience, the status does not always update in real time, and an application may sit at case created for several weeks before any visible movement occurs. If no status change has appeared after eight weeks for a straightforward application, that is typically a reasonable point to make direct contact with the Probate Registry helpline on 0300 303 0648.

Regional Probate Registry Waiting Times in 2025

Processing times vary considerably depending on which registry is handling the application, and understanding this variance helps executors set realistic expectations. Based on figures reported for 2025, London has typically seen waiting times of around 9.2 weeks for standard applications, while Manchester has generally processed grants in approximately 6.5 weeks. Bristol and Leeds have tended to sit somewhere between these two figures. These are average figures and individual applications — particularly those involving property, foreign assets, or missing documentation — may take considerably longer regardless of registry. HMCTS does not currently publish a live regional dashboard, which means executors often have no official means of benchmarking their wait. If you submitted through a solicitor, it is reasonable to ask them directly which registry received the application and what their current reported turnaround is.

When Online Tracking Is Not Enough

The online portal provides limited narrative detail. It will not tell you whether a requisition letter has been issued, whether a document was queried, or whether the application was paused pending an HMRC clearance. In our experience, the most effective way to obtain meaningful progress information is a direct telephone call to the Probate Registry, with your case reference number to hand. Keep a dated written record of every call, including the name of the adviser if given, as this log may prove useful if a formal complaint becomes necessary at a later stage.

Common Questions About Probate Delays

Can I check on progress of probate in the UK?

Yes, in most cases. If you applied online as a personal applicant, you can log back into the HMCTS online probate service to view your application status. If a professional submitted on your behalf through MyHMCTS, your solicitor or probate practitioner should be able to provide status updates from their case dashboard. For applications where the online status has not moved after a reasonable period — typically six to eight weeks for a straightforward estate — a direct call to the Probate Registry at 0300 303 0648 is generally the most reliable way to obtain a substantive update.

How long does HMRC take to process inheritance tax?

HMRC will typically issue an Inheritance Tax reference number within 20 working days of receiving a completed IHT400 submission. This reference number is required before any payment can be made and before the Probate Registry will issue a grant, which means this 20-working-day window is often one of the first bottlenecks in the overall timeline. Once payment has been made and HMRC has confirmed receipt, the Probate Registry can proceed. HMRC’s processing of the full IHT400 account — including any reliefs, exemptions, or instalment arrangements — may take considerably longer and can continue after the grant has been issued.

Why would an executor delay probate?

Delay is not always caused by the registries or HMRC. In some cases an executor may delay applying for practical reasons: locating all assets, obtaining property valuations, waiting for share certificates, or gathering overseas documentation. In other situations, delay may occur because the executor is uncertain about the process or is managing a disputed estate where beneficiaries are in disagreement. In our experience, executors sometimes delay because they are unaware that certain tasks — such as notifying banks or gathering valuations — can be progressed before the grant is issued. Where delay appears unreasonable, beneficiaries do have legal avenues available to them, and it may be worth seeking guidance from a regulated solicitor.

What is the quickest time probate can take?

For the simplest estates — where no Inheritance Tax is payable, all documentation is complete at submission, and the application is straightforward — a grant may be issued in as little as four to six weeks in 2025, particularly through registries with shorter queues. This is not the norm, and executors should not plan financial arrangements on the assumption of a minimum timeline.

What’s the longest probate can take?

There is no statutory maximum period. Complex estates involving disputed wills, foreign assets, missing beneficiaries, or unresolved HMRC enquiries can take several years before a grant is issued and the estate fully administered. Even straightforward applications have, in some reported cases, taken in excess of twelve months due to registry backlogs or repeated requisitions. The average grant processing time for a straightforward application in 2025 is approximately six to nine weeks from submission, but this figure should be treated as a baseline rather than a reliable ceiling.

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Important Notice

The content on this website is provided for general information and educational purposes only.

It does not constitute legal, tax, or financial advice and should not be relied upon as such.

Every family’s circumstances are different.

Before making any decisions about your estate planning, you should seek professional advice tailored to your specific situation.

MP Estate Planning UK is not a law firm or solicitors. Trusts are not regulated by the Financial Conduct Authority.

MP Estate Planning UK does not provide regulated financial advice.

We work in conjunction with regulated providers. When required we will introduce Chartered Tax Advisers, Financial Advisers or Solicitors.

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