What Is a Grant of Probate?
For many families dealing with an estate after passing, one of the first things they hear about is something called a “grant of probate.”
For many families dealing with an estate after passing, one of the first things they hear about is something called a “grant of probate.”
The term might sound intimidating, but the truth is, it’s simply a legal document. Albeit an important one. Without it, banks, insurers, and even the Land Registry won’t let you move forward with closing accounts or transferring property.
It’s like a permission slip from the courts. It proves you’re legally allowed to deal with the estate and carry out the wishes set out in the will.
When Do You Need Probate?
Not every estate requires probate, and this is where people often get confused.
You’ll usually need it if:
- The person owned property or land in their sole name
- There are significant savings or investments in their name
- Banks or financial institutions specifically request it before releasing funds
However, there are plenty of situations where you might not need it. In general, if a couple owned everything jointly, the assets often pass automatically to the surviving partner. Small estates (sometimes anything under £5,000–£10,000, depending on the bank) may also be dealt with without probate.
What if there’s no will?
If no will was created, you would apply for something called letters of administration instead of Probate. That gives next of kin the authority to sort things out under the intestacy rules.
Who Can Apply?
Only executors named in the will can apply. If the will names multiple executors, they can choose to apply together, or one can take the lead while the others step back. If no one wants the responsibility, a solicitor or probate specialist can take over.
It’s worth noting: if an executor is unwilling or unable to act (maybe they’ve moved abroad, or they simply don’t feel up to it), another executor or administrator can step in to keep things moving.
How Do You Apply for a Grant of Probate?
The process has a few key steps:
- Register the death within 5 days of the cause of death, which can be done on the GOV.UK website. To manage the estate, you’ll need official death certificates, and it’s sensible to order more than one as most institutions want to see an original.
- Work out the value of the estate. This means adding up bank accounts, property, investments, and personal items, and deducting any debts. Gifts made in the seven years before death also need to be reported. Use our IHT calculator to estimate the tax liability on the estate.
- Report to HMRC. If the estate is worth more than the current Inheritance Tax threshold (£325,000), you’ll need to submit form IHT400 and pay any tax due before probate is granted. Smaller estates may only need form IHT205.
- Submit your probate application. This can be done online via GOV.UK, by post with form PA1P, or through a solicitor. You’ll need the will, death certificate, the inheritance tax forms, and the application form itself. The current fee is £300, plus £1.50 for each extra copy.
- Wait for the grant. In recent years, Probate delays were causing wait times of up to 12 months. The wait time is coming down, but be expected to wait up to 16 weeks currently. If you need money before waiting for your inheritance, or you need to pay the IHT liability before selling assets, speak to us today.
Why Does It Matter?
Once probate is granted, you can actually move forward with managing the estate:
- Closing accounts
- Selling or transferring property
- Collecting pensions, shares, or insurance payouts
- Paying debts and tax
- Distributing what remains to beneficiaries
Most executors order several copies of the grant at the application stage, as different banks and institutions often want to see an official version before they’ll release funds.
How Long Does the Whole Process Take?
Probate itself can be issued in a few months, but settling the estate usually takes longer, anywhere from six months to a year. Complex estates, foreign assets, or disputes between beneficiaries can drag things out further.
Can You Speed It Up?
There’s no shortcut around the legal process, but you can reduce delays by:
- Making sure all paperwork is accurate before sending it in
- Paying any inheritance tax quickly
- Getting advice if the estate involves property, trusts, or overseas assets
If the family is struggling with costs in the meantime, it’s possible to arrange an IHT Loan to cover inheritance tax or solicitor fees and urgent bills until the estate is released.
Common Questions
Is probate public?
Yes. Once granted, probate becomes a public record and can be searched on the government’s online probate database.
Can you do probate yourself?
Yes. Many executors apply without a solicitor for straightforward estates. But if there’s property, a family dispute, or complex finances, professional help can save a lot of stress.
What if there’s no will?
Then probate isn’t the route for you, instead you need to apply for letters of administration, and the estate would be distributed under intestacy law.
How Level Can Help
Sorting out probate is often emotionally draining. On top of the legal process, families are faced with bills: inheritance tax, solicitor costs, even upkeep on a property while everything is on hold.
At Level, we offer:
- IHT Loan – quick, interest-free funding to cover estate costs & IHT liabilities
- Inheritance Advances – so beneficiaries can receive part of their inheritance early
Our role is to take away some of the financial strain, leaving executors free to focus on family and getting the estate settled. Speak to us today, you could have the funds to move forwards within 7 days.
