Probate is becoming more than a legal bottleneck: it is now a financial risk for estates already waiting months to be settled. New analysis of Freedom of Information data from the Ministry of Justice shows that in 2024/25, around one in eight estates took longer than six months to clear probate. That matters because HMRC can charge interest on unpaid inheritance tax from six months after death, meaning delays can raise bills even when families have done nothing wrong.
Why probate delays matter now
The sharp rise in long-running cases changes the stakes for families trying to manage an estate. The analysis shows probate cases taking nearly two years have risen by 131%, while delays of more than six months are now affecting a meaningful share of estates. For households dealing with property sales, tax paperwork and the closing of accounts, the result can be a slow-moving process that creates costs before assets can even be distributed. In practical terms, probate delay is no longer only an administrative frustration; it can shape the value of what remains in an estate.
Government guidance says a grant of probate should typically be issued within a defined timeframe, yet the data point to a widening gap between the intended process and actual outcomes. That gap is important because the tax clock does not pause. Once six months have passed after death, interest can begin to accrue on inheritance tax that remains unpaid. For estates already waiting on clearance, that creates a layered problem: the longer the delay, the more exposure there may be to added charges.
What lies beneath the headline?
The analysis behind the figures came from a financial adviser and pension provider using FOI data from the Ministry of Justice. Its finding that around one in eight estates took more than six months to clear probate in 2024/25 suggests the backlog is not confined to isolated cases. Instead, it points to a broader processing strain that affects how estates move from legal limbo to settlement. The 131% rise in cases taking nearly two years is especially striking because it suggests the tail end of the system is stretching further, leaving some families exposed for much longer than expected.
That has a knock-on effect beyond paperwork. Estates tied up in probate can leave home sales on hold, lock up cash, and delay the point at which beneficiaries can plan around what they are due to receive. Where inheritance tax is involved, the problem is sharper still. Because interest can start to run after six months, a delay becomes more than a waiting game; it can become a compounding cost. Probate, in that sense, is now functioning as a pressure point where legal process and tax administration collide.
Expert perspective on the growing pressure
Quilter, the financial adviser and pension provider that analysed the Ministry of Justice FOI data, said prolonged probate can lead to higher tax bills even where delays are outside a family’s control. That observation highlights the core tension in the current system: the burden of delay falls on estates even when the cause sits elsewhere in the process. The data do not show every reason for the slowdown, but they do show that families are increasingly being left to absorb the consequences.
From a policy perspective, the figures raise a straightforward question: if a grant of probate should typically arrive within a shorter period, why are so many estates drifting beyond six months, and why are some stretching close to two years?
Regional and wider implications
The immediate impact is private and financial, but the wider implications are broader. A system that leaves estates unresolved for long periods can affect confidence in the administration of inheritance, complicate estate planning, and add pressure to families already dealing with bereavement. It may also intensify scrutiny of whether existing timelines are realistic for the volume and complexity of cases being handled.
For now, the numbers suggest a clear trend: probate is taking longer, and longer delays are carrying real costs. If one in eight estates is already waiting more than six months, and cases taking nearly two years are rising rapidly, the question is not simply how long families must wait, but how much more those waits will cost if the pattern continues.
And if probate keeps slowing while tax interest keeps running, how many more estates will be pushed into avoidable expense before the system catches up?
