Probate delays improving, but challenges remain

Until recently, getting a Grant of Probate from HM Courts & Tribunals Service (HMCTS) could only be described as a nightmare.

There were cases taking months to be processed, with bereaved families unable to access funds, finalise estates, or move forward. The system was, frankly, in disarray.

At one stage, the delays were so long that they were even raised in Parliament. Like many professionals, I assumed the root cause was post-COVID disruption.

After all, we had seen similar issues at the Land Registry. The full picture, however, only became clear when HMCTS began a roadshow to speak directly with practitioners across the country.

I attended one of those meetings in December 2024.

The aim, in HMCTS’s own words, was to offer some accountability and to explain what had gone wrong.

In short, they’d tried to fix something that wasn’t broken. The local probate registries were scrapped in favour of a centralised digital model.

While the intention was efficiency, the transition was anything but smooth.

What went wrong and where we are now

Here are the key insights from that meeting:

• HMCTS acknowledged that centralisation caused serious disruption. The backlog peaked at around 100,000 cases but has since been reduced by over 50,000.
• The move to centralised, digital processing meant fewer face-to-face interactions, which prompted these nationwide meetings with practitioners.
• Digital applications are now taking just over two weeks on average. In contrast, paper applications still take around 14.6 weeks.
• Paper-based applications remain more complex and are often delayed further due to external scanning issues.
• Phone response times have improved, with average wait times down from 42 minutes to just under 16.
• A two-tier helpline is being trialled, supported by appointment-based surgeries for urgent or complex cases.
• HMCTS is still working with a problematic scanning contractor, meaning paper documents can take weeks to reach the service.
• The digital platform is being expanded to include more intestacy cases, including those involving brothers and half-siblings.
• A new PA17 form is expected soon.
• HMCTS is exploring the option of allowing some supporting documents to be uploaded electronically (not including the original Will).
• The non-contact period may be reduced from sixteen to twelve weeks to speed up case resolution.

Where Monahans fits in

At Monahans, we are licenced probate practitioners. That gives us direct access to a dedicated HMCTS portal.

When cases are eligible for digital submission (and most are), we’re able to get everything into the system quickly and efficiently.

What once took months now often takes just a couple of weeks.

We are not entirely out of the woods. There are still cases that require paper applications, and delays can still occur, particularly for more complex estates or where intestacy rules apply.

Overall though, things are moving in the right direction.

Many High Street solicitors, in my view, have been slow to embrace the digital route.

That means some are still reliant on the old manual processes such as forms, postage, scanning queues, which can mean waiting twelve weeks or more.

However, our job is to understand what is changing, where the system is improving, and where bottlenecks remain.

We owe it to you to handle these systems with as much efficiency and clarity as possible, and that starts with using the right tools.

If you would like to discuss your probate case or learn more about how digital applications could benefit you, I’d be happy to help. Reach out today for a no obligation consultation.

James Gare