Probate in 2026 — What the 75% Fee Increase and Processing Delays Mean for Families Settling an Estate

A 75% Increase Overnight

On 13 July 2026, the cost of applying for a grant of probate in England and Wales rose from £300 to £526 — a 75 per cent increase. For many families, the fee itself is manageable. But combined with processing delays, HMRC requirements, and the complexity of modern estates, probate in 2026 has become a longer, more expensive, and more frustrating process than at any point in the last decade.

Understanding how the system works — and what you can do to prepare — can save weeks of delay and thousands of pounds in unnecessary costs.

Current Processing Times

According to the latest HMCTS (His Majesty’s Courts and Tribunals Service) update from June 2026, average processing times for probate applications are currently around 4.3 weeks for straightforward online applications. However, this average conceals significant variation:

• Clean digital applications with no complications are tracking at 5 to 6 weeks from submission to grant
• Paper applications average around 16 weeks, with many taking 20 weeks or more
• Complex estates involving IHT calculations, overseas assets, or incomplete documentation can take significantly longer
• Applications requiring additional information — known as “stopped” applications — face the longest delays, as each query adds weeks to the timeline

The message from HMCTS is clear: apply online wherever possible, and ensure your application is complete and accurate before submission.

The IHT Bottleneck

For estates above the inheritance tax threshold, there is an additional step that many families do not anticipate. Before you can apply for probate, you must submit an IHT account to HMRC. For taxable estates, this means completing form IHT400 — a detailed return covering every asset, liability, gift, trust, and relief in the estate.

HMRC’s processing of IHT400 forms adds its own timeline. Currently, HMRC aims to issue the IHT421 reference (which you need before applying for probate) within 15 to 20 working days of receiving a complete IHT400. In practice, incomplete forms, queries, and the sheer volume of submissions mean many families wait longer.

The catch: IHT is normally due within six months of the date of death, but probate cannot be granted until after the IHT account is processed. This creates a timing squeeze where families may need to pay tax before they have access to the deceased’s bank accounts. HMRC’s Direct Payment Scheme allows banks and building societies to release funds directly to HMRC for IHT payment — but not all institutions participate, and the process is not always smooth.

What Causes Delays

The most common causes of probate delay in 2026 are:

1. Incomplete applications. Missing information is the single biggest cause of stopped applications. Every query from the Probate Registry adds weeks to the timeline. Common issues include incorrect death certificate details, missing original documents, errors in asset valuations, and unsigned forms.

2. Property valuations. The value of property at the date of death must be accurate and supportable. In a volatile property market, obtaining reliable valuations can take time, and HMRC may challenge valuations it considers too low.

3. Lifetime gifts. If the deceased made gifts in the seven years before death, executors must identify, value, and report every one. Without clear records, this can involve forensic analysis of bank statements going back seven years — a process that is both time-consuming and expensive.

4. Trust assets. Estates involving trusts — whether as settlor, trustee, or beneficiary — require additional reporting and often specialist advice.

5. Foreign assets. Assets held overseas may require separate probate proceedings in each jurisdiction, and valuations in foreign currencies must be converted at the exchange rate on the date of death.

6. Disputes and caveats. If a beneficiary or potential claimant enters a caveat against the estate, probate cannot be granted until the caveat is resolved — a process that can take months or years in contested cases.

The Financial Impact on Families

While probate is pending, families often face real financial hardship. Bank accounts are frozen. Direct debits for household bills may be stopped. Mortgage payments may lapse. Insurance policies may expire. And the deceased’s property cannot be sold.

Some banks offer bereavement services that release small amounts for funeral costs and essential bills, but the amounts are limited and the process varies between institutions. Families with limited personal resources can find themselves unable to pay for basic living costs while waiting for probate to be granted.

The longer the delay, the higher the costs. Solicitors’ fees accumulate. Property maintenance and insurance costs continue. And if the estate is liable for IHT, interest accrues on any tax that remains unpaid after six months from the date of death, currently at the prevailing HMRC rate.

What You Can Do Now to Reduce Delays

The best time to prepare for probate is before anyone dies. The following steps can shave weeks or months off the process:

1. Keep a comprehensive asset register. List every bank account, investment, property, pension, insurance policy, and debt. Include account numbers, institution names, and approximate values. Update it annually.
2. Organise your paperwork. Original Will, property deeds, share certificates, pension correspondence, insurance policies, and tax returns — all in one accessible location. Tell your executors where to find them.
3. Record lifetime gifts. Keep a written log of every gift you make — date, amount, recipient, and which exemption (if any) applies. This single step can save executors weeks of forensic work.
4. Choose experienced executors. Appoint people who have the time, competence, and willingness to manage the process. Consider appointing a professional executor (solicitor or trust company) for complex estates.
5. Consider applying for probate online. Online applications are processed four times faster than paper ones. If your executor is comfortable with technology, this is the single biggest time-saver.
6. Get property valuations early. If the deceased owned property, obtain formal valuations as soon as possible after death. HMRC will accept RICS (Royal Institution of Chartered Surveyors) valuations as evidence of market value.
7. Use the Direct Payment Scheme. If IHT is due before probate is granted, contact the deceased’s banks about releasing funds directly to HMRC. This avoids the need for executors to fund the tax from their own resources.

Excepted Estates — A Simpler Route for Smaller Estates

Not every estate needs a full IHT account. Estates that qualify as “excepted” — broadly, those where the gross value is below the available nil-rate bands and no complex features are present — can use the simpler IHT205 process (now integrated into the online probate application). This significantly reduces the documentation required and can cut weeks from the timeline.

Since January 2022, the threshold for excepted estates has been more generous, taking into account the transferable nil-rate band and residence nil-rate band. For a surviving spouse with access to both, the excepted estate limit can be up to £650,000 (or higher with the RNRB).

The Bottom Line

Probate in 2026 is more expensive and more complex than it was a year ago. The 75 per cent fee increase, combined with processing delays and HMRC requirements, means families can wait months to access the assets they have been left. But the delays are not inevitable — they are overwhelmingly caused by poor preparation, incomplete applications, and missing records.

The executor’s job begins long before anyone dies. An organised estate with clear records, accessible documents, and experienced executors can move through probate in weeks. A disorganised estate without records can take a year or more. The difference is preparation.