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.”
What Is a Grant of Probate? A Complete Guide
Please note: this guide applies to the rules for probate in England and Wales. In Scotland, the equivalent process is called “confirmation”; different rules also apply in Northern Ireland.
For many families dealing with an estate after a death, 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 will 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. If a couple owned everything jointly, the assets often pass automatically to the surviving partner. Small estates – sometimes anything under £5,000 to £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. This gives the next of kin the authority to sort things out under 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 is worth noting that if an executor is unwilling or unable to act – perhaps they have moved abroad, or simply do not 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 five key steps:
| Step | What to do | Notes |
|---|---|---|
| 1. Register the death | Register within 5 days via GOV.UK | Order several official death certificates – most institutions want to see an original |
| 2. Value the estate | Add up bank accounts, property, investments, and personal items, and deduct any debts | Gifts made in the seven years before death must also be reported. Use our IHT calculator to estimate the tax liability |
| 3. Report to HMRC | Submit form IHT400 if the estate exceeds the £325,000 IHT threshold and pay any tax due | Smaller estates may only need form IHT205. See our inheritance tax guide for full details |
| 4. Submit the application | Apply online via GOV.UK, by post with form PA1P, or through a solicitor | You will need the will, death certificate, inheritance tax forms, and the application form itself |
| 5. Wait for the grant | Current waiting times are typically up to 16 weeks | Order several copies of the grant – different institutions often want to see an official version |
If you need money before waiting for your inheritance, or you need to pay an IHT liability before selling assets, speak to us today.
Why does it matter?
Once probate is granted, you can move forward with managing the estate, including:
- 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 will 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. For a full breakdown of typical timeframes, see our guide to how long probate takes.
Can you speed it up?
There is 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 is possible to arrange an IHT Loan to cover inheritance tax, solicitor fees, or 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 is property, a family dispute, or complex finances, professional help can save a lot of stress.
What if there’s no will?
Then probate is not 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
