Grant of Probate Explained
What It Is, When You Need It & How to Apply (UK)
After someone dies, their estate often cannot be administered until the person responsible has legal authority to deal with their finances and property. This authority is usually provided through a Grant of Probate.
If you've been named as the executor of a will, obtaining a Grant of Probate may be one of your first legal responsibilities. While the process can seem intimidating, understanding what the Grant of Probate is and when it's needed can make administering an estate much simpler.
This guide explains everything you need to know about Grants of Probate, including who can apply, when one is required, how the application process works and what you can do once it has been issued.
What Is a Grant of Probate?
A Grant of Probate is an official legal document issued by the Probate Registry in England and Wales.
It confirms:
- That the will is legally valid.
- Who has the legal authority to administer the estate.
- That the executor can collect assets, pay debts and distribute the estate.
Without a Grant of Probate, many organisations will refuse to release funds or allow property to be sold.
The Grant of Probate effectively gives the executor permission to act on behalf of the deceased person’s estate.
What Is the Difference Between Probate and a Grant of Probate?
Many people use the terms interchangeably, but they are not the same.
Probate is the entire legal process of administering someone’s estate after they die.
A Grant of Probate is the legal document that allows the executor to carry out that process.
Think of it like this:
- Probate = the overall legal process.
- Grant of Probate = the official authority needed to complete it.
Who Can Apply for a Grant of Probate?
Only the executor named in the deceased person’s valid will can usually apply for a Grant of Probate.
There may be:
- One executor
- Two executors
- Several executors
If more than one executor is appointed, they can usually apply together.
Sometimes an executor chooses not to act. In these circumstances, another executor may continue with the application or the executor may formally give up the role, depending on the circumstances.
What If There Is No Will?
If the deceased did not leave a valid will, you cannot apply for a Grant of Probate.
Instead, the person entitled to administer the estate applies for Letters of Administration.
This document performs a similar function but applies where someone dies intestate (without a valid will).
When Is a Grant of Probate Required?
A Grant of Probate is commonly required when the deceased owned assets solely in their own name.
Examples include:
- A house
- A flat
- Savings accounts
- Current accounts
- Investments
- Shares
- Premium Bonds
- Valuable collections
Many financial institutions require a Grant of Probate before releasing larger sums of money.
When Might You Not Need a Grant of Probate?
Not every estate requires one.
It may not be necessary if:
- Everything was jointly owned.
- Assets automatically pass to a surviving spouse or civil partner.
- The estate is relatively small.
- Banks agree to release funds without probate.
Each bank and financial institution sets its own thresholds.
If you’re unsure, it’s worth contacting each organisation directly before making an application.
What Information Is Needed Before Applying?
Before applying for a Grant of Probate, you’ll usually need to gather information about the estate.
This includes:
- The original will
- Death certificate
- Details of all bank accounts
- Property valuations
- Investment valuations
- Pension information
- Debts and liabilities
- Funeral costs
- Insurance policies
Having accurate information at the beginning helps reduce delays later.
How to Apply for a Grant of Probate
The process usually involves several steps.
Step 1 – Register the Death
Before anything else, the death must be legally registered.
You’ll receive official death certificates, which many organisations require.
Step 2 – Locate the Original Will
The Probate Registry usually requires the original signed will.
If the original cannot be found, legal advice may be needed before applying.
How to Apply for a Grant of Probate
Step 3 – Value the Estate
Executors must calculate the total value of the estate.
This includes:
- Property
- Savings
- Investments
- Personal possessions
- Vehicles
- Debts
Professional valuations may be appropriate for larger estates.
Step 4 – Complete Inheritance Tax Requirements
Inheritance Tax forms usually need to be completed before probate can be granted.
Even if no tax is payable, certain forms may still be required.
How to Apply for a Grant of Probate
Step 5 – Submit the Probate Application
Applications can usually be made online or by post.
The Probate Registry reviews the application before issuing the Grant of Probate.
What Happens After the Grant Is Issued?
Once the Grant of Probate has been received, the executor can begin administering the estate.
Typical tasks include:
- Closing bank accounts
- Collecting investments
- Selling property
- Paying debts
- Paying taxes
- Distributing inheritance
The executor should keep detailed records throughout the administration.
How Long Does It Take to Get a Grant of Probate?
The timeframe depends on the complexity of the estate and whether all paperwork has been completed correctly.
Simple applications are generally processed more quickly than estates involving:
- Inheritance Tax
- Overseas assets
- Missing documents
- Disputed wills
- Property complications
Delays often occur because executors are waiting for financial information rather than because of the Probate Registry itself.
How Much Does a Grant of Probate Cost?
The total cost depends on the estate and whether professional advice is used.
Possible costs include:
- Probate application fees
- Property valuations
- Professional valuations
- Solicitor fees
- Estate administration costs
Many solicitors offer fixed-fee probate services, while others charge hourly rates or a percentage of the estate.
Obtaining quotations from several firms can help you compare prices and services.
Can a Grant of Probate Be Challenged?
Yes, although challenges are relatively uncommon.
A Grant of Probate may be questioned if there are concerns about:
- The validity of the will
- Fraud
- Forgery
- Lack of mental capacity
- Undue influence
- Errors in the application
Legal advice should be sought as early as possible if a dispute is anticipated.
What Happens If You Don't Apply?
Where probate is required, failing to obtain a Grant of Probate can prevent the estate from being administered.
Without it, the executor may be unable to:
- Sell property
- Close accounts
- Access investments
- Distribute inheritance
This can leave beneficiaries waiting unnecessarily and delay the administration of the estate.
Do You Need a Probate Solicitor?
Many straightforward estates can be managed without legal representation.
However, a probate solicitor may be particularly helpful where:
- The estate is large.
- There are multiple properties.
- There is Inheritance Tax.
- The will is disputed.
- Business assets are involved.
- Overseas assets exist.
- Executors need professional support.
Professional advice can reduce stress, minimise delays and ensure legal obligations are met.
How Find a Funeral Can Help
Administering an estate can be time-consuming, particularly while coping with the loss of a loved one. If you need help understanding the probate process or would like professional legal assistance, Find a Funeral can help you compare experienced probate solicitors across the UK.
Whether you’re applying for probate yourself or looking for expert guidance, we’re here to help you make informed decisions with confidence.
No. Probate is the overall legal process, while a Grant of Probate is the legal document giving the executor authority to administer the estate.
In most cases, contracts cannot complete until the Grant of Probate has been issued.
Executors often obtain several official copies, as many banks and organisations request one before releasing assets.
Yes. Many probate applications can now be completed online, depending on the circumstances of the estate.
Multiple executors can usually apply together, although some may choose to reserve their power or step aside, depending on the circumstances.