24,000 Probate Applications Stopped: How to Avoid Delay

Around 24,000 probate applications in England and Wales are currently "stopped", sitting in a queue while the Probate Registry waits for information that should have been supplied in the first place. That figure comes from HM Courts & Tribunals Service's October update to probate practitioners, published by the ICAEW on 22 October. The headline numbers look reassuring: the average wait from application to grant of probate is now around five weeks. But that average hides a two-tier system. Clean, complete applications move quickly. Anything with a gap gets pulled aside, and that's where months can disappear.

Why Probate Applications Are Being Stopped

HMCTS says one of the biggest causes is missing information, particularly marriage and divorce details. That may sound like an administrative nit-pick, but it goes to the heart of who is legally entitled to the estate.

A divorce changes the effect of a will. Under section 18A of the Wills Act 1837, once a final order (formerly the decree absolute) is made, any gift to the former spouse fails and they are treated as having died for the purposes of the will, including any appointment as executor. Where there is no will, the intestacy rules only benefit a spouse or civil partner who was still legally married to the deceased at the date of death. A separated spouse with no final order still counts as a spouse, which can produce results the family never expected.

So when an application leaves the deceased's marital history vague, the registry cannot safely confirm who has the right to apply, or who benefits. It stops the case and asks. HMCTS is now adding new marriage and divorce questions to the online service. That will help, but only if applicants answer them accurately.

Other Common Reasons a Grant of Probate Is Held Up

Marital status isn't the only problem. In our experience, applications commonly stall because of:

• The original will isn't sent. The registry needs the signed original, not a photocopy. If the original is lost, a separate and slower process applies.
• Codicils or handwritten changes that aren't mentioned, or alterations to the will that raise questions about when they were made.
• The wrong person applying. Under intestacy, there is a strict order of priority. If someone higher up the order exists, they may need to formally renounce (form PA16 is used to give up the right to apply), and HMCTS admits these cases take longer because a registrar must review them.
• Inheritance tax steps not completed. Where inheritance tax is payable, HMRC must be dealt with before the grant can issue.
• Name discrepancies, such as a deceased known by a different name on property deeds or bank accounts.

None of these are exotic. They are everyday gaps that turn a five-week wait into a much longer one.

Probate Delays Could Worsen From January

HMCTS says its priority for the rest of 2026 is clearing older and more complex cases before applications rise again from January 2027. There's a further pressure on the horizon: from April 2027, most unused pension funds will fall within the scope of inheritance tax. More estates will need inheritance tax calculations, which means more paperwork and more opportunities for applications to stall.

If you're an executor now, there's a real advantage to submitting a complete, accurate application in the coming weeks rather than in a busier new year.

How to Get Your Probate Application Right First Time

Before you apply, gather:

1. The original will and any codicils, untouched (don't remove staples or clips).
2. The death certificate.
3. Details of every marriage, civil partnership and divorce, including dates and, ideally, copies of final orders.
4. A full list of assets and debts, with values at the date of death.
5. Confirmation of whether inheritance tax is due and, if so, that the HMRC process has been started.

If anything is uncertain, such as a missing will, an overseas element, a family member who doesn't want to act, or a complicated marital history, take advice before you submit. A probate solicitor can spot the issues that would otherwise trigger a stop, and deal with the registry directly if questions arise.

What Should You Do Next?

Dealing with an estate while grieving is hard enough without your application sitting in a queue of 24,000. If you've been named as an executor, or you think you may need to apply for letters of administration, our first contact team can talk you through where you stand. They'll match you with an experienced probate solicitor near you in the QualitySolicitors network, who can help you get the application right first time. Get in touch today for a friendly, no-obligation conversation.