On 13 February 2025, His Majesty's Courts and Tribunals Service (HMCTS) published its latest probate submission report. While the data suggests significant progress in handling probate caseloads, the reality highlights areas that still require improvement. For our partners, this update provides essential insights into the probate process and how these changes affect estate administration for the clients they refer to us.
The probate process: Progress and persistent delays
Losing a loved one is emotionally challenging, and lengthy probate delays only add to the stress for families across the UK. Throughout 2023/2024, Personal Representatives (PRs) faced extended waiting times for obtaining Grants of Probate, a critical step in estate administration. These delays impacted the ability to sell property, settle debts, and distribute inheritances.
Key contributing factors for delays include:- Centralisation of systems;
- Reduction in experienced staff;
- General staff shortages;
- Registry closures;
- Ongoing impacts of the COVID-19 pandemic.
Caseload data: A mixed picture
The latest HMCTS data reveals mixed results:
- Digital applications: Average processing time has improved to 4 weeks;
- Paper applications: Still taking 14+ weeks due to complexity.
Backlog reduction statistics:
- 6–12 month-old cases: Reduced from 7,785 (January 2024) to 4,943 (December 2024);
- 12–24 month-old cases: Reduced from 2,301 (January 2024) to 2,171 (December 2024);
- 24+ month-old cases: Reduced from 1,198 (January 2024) to 1,062 (December 2024).
Although there has been notable progress, older caseloads are not decreasing as rapidly as expected. It appears that newer applications are being prioritised, leading to frustration among PRs and beneficiaries awaiting long-overdue Grants.
Digitalisation: A step in the right direction
The improvements in digital application processing times demonstrate that digitalisation is effective. However, not all applications can be submitted digitally. More complex cases, including the majority of intestacies (when someone dies without a Will).
Kings Court Trust’s engagement with the Probate Registry
Kings Court Trust visited the Probate Registry towards the end of 2024 to discuss turnaround times and backlog reduction efforts. Key updates from our most recent visit on 18 December 2024 include:
- Grants can now be chased 12 weeks from submission;
- Pre-Lodgement enquiries (PA18): Reviewed by a Registrar within one week;
- Future plans: HMCTS aims to expand the digital intestacy journey, allowing applications online down to siblings, so it covers spouse/civil partner, children, parents, and siblings, of the deceased by the end of 2025.
Looking ahead: Opportunities for improvement
While we commend the Probate Registry for acknowledging service faults and making meaningful changes, we urge further progress, particularly in addressing older cases. At Kings Court Trust, we fully support HMCTS’s success - after all, their improvements enable us to better support families in settling estates. We anticipate continued enhancements in 2025 and remain committed to providing guidance on avoiding stopped applications.
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