Probate Registry strengthens capacity to tackle rising number of open cases

With a high volume of grant applications at probate, the Probate Registry is taking action to tackle the rising number of open cases, increasing capacity to manage the incoming workflow alongside older complex cases.

Rise in open probate cases

As at the end of May, HM Courts & Tribunals Service (HMCTS) had 46,500 probate cases in the system, which sits just above their new normal of 40,000-45,000. You can view the latest published HMCTS management information (to April 2026) here.

The Probate Registry reports that the number of cases in the system has been creeping up in recent months due to the combination of a continually high volume of grant applications, along with a focus on clearing older, more complex cases, which take longer to resolve.

18,500 of the open cases are ‘stopped’ or unworkable, meaning they cannot be progressed without further information or action by the applicant.

While it’s important for charities to be aware that the number of open cases has increased and this may delay some legacy income, the caseload remains far below the levels we saw during the height of the backlog in 2023 (at almost 100,000 open cases) - and HMCTS is taking action.

Service improvements

HMCTS has reassured Remember A Charity, the Institute of Legacy Management and fellow service users that they are committed to preventing any further build-up of cases, and that they understand how crucial it is for bereaved families and charities to keep income flowing through the system.

They have invested in new staff and increased their capacity to handle complex estates, alongside incoming applications. Four specialist teams have now been trained and ringfenced to handle complex cases.

With these teams now in place, HMCTS is optimistic that they will be able to better balance both incoming and older applications in the system.

Future updates

We will continue to share updates from HMCTS. The Probate Registry will also be hosting a specialist webinar for charities in September, to provide a fuller update. We’ll be sharing further information and booking details as soon as they are available.

The ILM also publishes helpful monthly probate updates here.

Related news: Probate fee increase

This news comes as the Ministry of Justice announces an increase in probate application fees from 13 July 2026 to fund ongoing service improvements. Read more here.