Welcome to our article ‘What is a Grant of Probate’. This page seeks to help you understand what a Grant of Probate is and how it may apply to you, in England and Wales.

This article provides a comprehensive overview and may answer all of your questions, but please note this does not constitute professional advice. If you have concerns or questions regarding this topic please contact our office and we will happily help.

Understanding Probate and Estate Administration

Probate is the legal process used to administer a deceased person’s estate – that is, all of their assets, liabilities, and tax obligations. This ensures that the deceased's wishes, as outlined in their valid will, are respected and that the executor named in the document has the legal authority to manage the estate.

What Is Probate?

Probate is essentially the gateway to estate administration. It involves:

Legal Authority: The court grants the executor the authority to act on behalf of the deceased’s estate. This legal right is formalised through either a Grant of Probate (when there is a valid will) or, if the person dies intestate (without a valid will), via letters of administration.
Dealing with the Deceased’s Estate: This encompasses all aspects of the deceased’s estate, including assets like property, money, and personal possessions, as well as any outstanding liabilities or taxes.

The Grant of Probate

A Grant of Probate is a vital legal document in this process.

Executor's Authority: Confirms the named executor’s legal authority to request, obtain, and manage the deceased’s estate. This includes the responsibility to apply for probate, pay any probate fees, and ultimately distribute the money and assets according to the will.
Grant Application Process: Whether you apply online or submit paper applications, the grant application must be completed carefully in accordance with the rules set out by the probate registry. In many cases, multiple copies of the Grant of Probate are issued so that different institutions (banks, land registries, etc.) can verify the executor’s legal authority.

Probate Applications

The process of applying for probate is methodical:

Probate Registry: Applications are submitted to the probate registry, which processes the documents and ensures all legal requirements are met.
Online vs. Paper Applications: Increasingly, executors have the option to apply online, streamlining the process. However, traditional paper applications remain available for those who prefer or require them.
Probate Fees and IHT Form: Executors are also responsible for settling probate fees and completing the Inheritance Tax (IHT) form. This ensures that all money, tax, and other financial responsibilities are managed appropriately.

Handling Estates Without a Valid Will

Not everyone leaves behind a valid will. When someone dies intestate:

Letters of Administration: Instead of a Grant of Probate, the court issues letters of administration. This document appoints an administrator – often the deceased’s surviving spouse or a close relative – who then takes on responsibilities similar to those of an executor.
Other Executors: If there are multiple potential administrators (or other executors) such as a civil partner or other surviving family members, the court will follow a set of rules to decide who has the legal right to manage the estate.

Special Considerations

Assets Held Jointly: It’s important to note that many assets held jointly are not subject to probate. Surviving owners of these assets automatically take full control, which can simplify the process considerably.
Regional Differences: There can be differences in how probate is administered across the UK. For example, the rules and fees in Northern Ireland might vary slightly from those in England and Wales, so it’s important to check local requirements.

Who Needs a Grant of Probate?

A Grant of Probate is typically needed when the deceased owned assets or property solely in their name. This legal document empowers the named executor to manage the estate, complete probate applications, and address any probate fees.

Joint Ownership Considerations

If assets are held jointly, surviving owners usually take control, and a Grant of Probate may not be necessary. The requirement is based on the financial situation of the deceased’s estate, not solely on the presence or absence of a valid will.

The Probate Process

The probate process begins with registering the death, valuing the estate, and completing the necessary inheritance tax forms. Executors must gather all relevant details about the deceased’s assets, liabilities, and taxes before applying for a Grant of Probate. Depending on the estate’s complexity, this process can take several weeks or even months.

Costs and Fees Associated with Probate

Probate involves several fees and potential additional expenses that executors should be aware of. The process starts with an application fee for estates valued over £5,000, which covers the administrative work of processing the grant. Executors often need to secure extra copies of the Grant of Probate, at additional cost, to present to various institutions such as banks and land registries.

Additional Expenses

Beyond the basic fees, executors may face significant costs in the form of inheritance tax (IHT) if the estate’s value exceeds the tax threshold. The exact amount depends on the total estate value and any applicable reliefs or exemptions. In more complex cases, professional advice from solicitors or accountants might be necessary, potentially adding to the overall cost. By understanding these charges and planning accordingly, executors can help ensure that the estate is managed efficiently and in full compliance with legal requirements.

Inheritance Tax and Probate

Inheritance Tax (IHT) plays a pivotal role in the probate process. Before a Grant of Probate can be issued, any Inheritance Tax due on the estate must be fully settled. This means that the executor has the important responsibility of calculating the estate's total value—including assets like property, savings, and investments—and determining whether it exceeds the current threshold of £325,000 (true in February 2025). Estates valued above this limit can be liable for tax on the excess amount, making it essential to assess the estate accurately from the outset.

Completing Inheritance Tax Forms and Payment

Once the estate’s value has been determined, the executor must complete the required Inheritance Tax forms and ensure that the tax is paid before proceeding with the probate application. This step is critical, as the successful issuance of a Grant of Probate hinges on the proper handling of IHT. By addressing these obligations promptly and accurately, the executor not only adheres to legal requirements but also helps streamline the overall probate process, allowing for the efficient distribution of the deceased’s assets in accordance with their wishes.

Accessing Assets and Property

A Grant of Probate is often essential for accessing the deceased’s assets and property. This legal document confirms the executor’s authority to manage the estate, allowing them to unlock bank accounts, transfer ownership of property, and distribute assets to beneficiaries. While some financial institutions may release funds without a Grant of Probate—particularly in cases involving joint accounts—this is not always the norm. Generally, having the Grant of Probate provides clear legal proof that the executor has the right to manage someone’s estate, ensuring all actions are in line with the law.

Selling a House During Probate

When it comes to selling a house during probate, a Grant of Probate is typically required, especially if the property was solely owned by the deceased. This document empowers the executor to proceed with the sale, manage negotiations with estate agents, and ultimately distribute the proceeds to beneficiaries. It’s important to note that any sale of property during probate may also trigger inheritance tax liabilities. In such cases, the tax must be calculated and paid before the sale can be finalised, ensuring that all legal and financial obligations are met prior to transferring ownership.

Applying for a Grant of Probate

The executor can apply for a Grant of Probate online or by post.
The application must include the deceased person’s death certificate, the original Will, and other supporting documents.
The executor must also pay the application fee and any inheritance tax due before the Grant of Probate can be issued.

Getting Help with Probate

Navigating probate can be a complex and time-consuming endeavor. Engaging the services of a probate practitioner—such as a solicitor or specialised probate service—ensures that every aspect of the process is managed efficiently and in full compliance with legal requirements.

These experts provide comprehensive guidance from the initial registration of the death to the final distribution of assets, helping to complete probate applications accurately and manage related issues such as inheritance tax and probate fees.

With their assistance, executors can avoid costly mistakes and reduce delays that might otherwise complicate the estate administration.

Enhanced Support for Accessing Assets and Property

Probate practitioners not only guide you through the legal paperwork but also offer specialised support in accessing the deceased’s assets and property.

Financial institutions and asset holders often require clear proof of the executor’s authority—typically provided by the Grant of Probate—before releasing funds or transferring ownership.

An expert can streamline this process, liaising with banks, land registries, and other institutions to ensure that all necessary steps are followed.

This tailored assistance is particularly valuable in complex cases or when multiple parties are involved, ultimately making the probate process smoother and more manageable.

After Probate is Granted

Once a Grant of Probate is issued, the executor gains the legal authority to administer the estate by distributing assets to beneficiaries, settling outstanding taxes and debts, and completing all other tasks outlined in the will.

It is essential for the executor to keep detailed records of their actions and decisions throughout the process to ensure transparency and legal compliance.

This information is provided for general discussion and does not constitute legal advice – with any specific queries please contact our office

WHAT’S INCLUDED IN OUR PROBATE SERVICES?

Fixed fee advice and help with all aspects of estate administration; such as estate valuation, selling property, accessing old pensions, tax returns and insurance policies

Dealing with all Inland Revenue and Inheritance Tax issues
Setting up Trusts to protect loved ones and future generations
Settling debts and distributing all assets in accordance with the Will
Applying for grant of probate and keeping accurate records for up to 6 years afterwards
We only use our solicitors when necessary to help keep costs low
Freedom from the anxiety of administering a loved one’s estate accounts after their death

Using our seasoned probate specialists will result in a faster more efficient resolution and can often result in a larger portion of the deceased’s estate being distributed to loved ones.

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What is a Grant of Probate? A Guide for Executors and Families