What is a Grant of Probate?
A Grant of Probate is a court-issued document confirming that the executors
named in a valid Will have authority to deal with the deceased’s estate.
Banks, investment providers and buyers of estate property may require it
before releasing or transferring assets.
The term “grant of representation” covers several grants. Where there is no
Will, the usual application is for Letters of Administration. Where there is
a Will but no executor able and willing to prove it, a different form of
grant may be required.
When is a Grant of Probate needed?
It is commonly required where the deceased owned:
- a property or land in their sole name;
- a share of property requiring administration;
- substantial bank or building-society funds;
- investments, shares or business interests; or
- assets held by an institution whose policy requires a grant.
It may not be required for assets passing automatically by survivorship,
modest balances released under an institution’s policy, or benefits paid
directly outside the estate. There is no single financial threshold used by
every bank.
Who can apply?
The executors named in the Will have priority. Up to four people can
generally be named on the grant. An executor who does not wish to take the
grant immediately may, depending on the circumstances, have power reserved.
Renunciation may be possible, but an executor should take advice before
acting in the estate because intermeddling can affect the available options.
If the named executors have died, lack capacity, refuse or cannot act, the
correct applicant and type of grant depend on the Will and the statutory
order of priority.
How to apply: the main stages
1. Locate and check the original Will
Find the original Will and any codicils. Check that it appears valid,
identifies executors and is the latest testamentary document. Do not remove
staples, write on it or attempt repairs. Irregularities, damage or doubts
about capacity or pressure require advice.
2. Identify assets, liabilities and lifetime gifts
Contact banks, investment providers, pension providers, insurers, creditors
and other relevant organisations. Obtain date-of-death values for property
and other assets. Information about certain lifetime gifts and trusts may
also be needed for the tax position.
3. Value the estate and deal with Inheritance Tax
The estate must be valued even if no tax is payable. Determine whether it
qualifies as an excepted estate or whether full details must be reported to
HMRC. Where Inheritance Tax is due, some tax normally must be paid before the
grant can issue. Instalment options may apply to certain assets.
4. Complete the application
Eligible lay applicants can usually apply online or use the relevant paper
form. Professional applicants use the prescribed practitioner process. The
applicant makes a legal statement confirming the information supplied and
undertaking to administer the estate according to law.
5. Submit the Will and fee
The original Will and any codicils must be sent as directed. From July 2026,
the application fee is £526 for an estate over £5,000 and no
fee is payable at or below £5,000. Additional copies ordered with the
application are currently £2 each. Check GOV.UK for the current amount before
applying.
6. Answer any Probate Registry queries
Queries can arise from missing documents, execution issues, inconsistencies
or the need for further evidence. A straightforward application may still be
delayed by incomplete information or external processing.
What happens after the grant is issued?
The executors can present sealed copies to asset-holders, collect or transfer
assets and complete a property transaction where appropriate. They must also
settle debts and tax, consider potential claims, prepare estate accounts and
distribute in accordance with the Will.
The grant is not the end of the administration. Executors remain responsible
for their decisions throughout.
Common reasons to use a probate solicitor
Legal help is particularly valuable where the Will is missing, damaged or
unclear; an executor cannot act; the estate is taxable; property or a
business is involved; beneficiaries are missing; foreign assets or trusts
exist; the estate may be insolvent; or there is a dispute or possible claim.
Frequently asked questions
How long after death can probate be applied for?
There is no general rule requiring families to wait a fixed period, but
valuation and tax steps must be completed first. Some urgent protective
action may be required before the application.
Can one executor apply without the others?
Often, one or more executors can prove the Will while power is reserved to
another, but the correct procedure and authority should be checked.
Does the grant show the estate value?
The public probate record normally includes stated estate values. Tax and
administration figures may later be corrected.
Can beneficiaries apply for probate?
Being a beneficiary does not by itself give priority where an executor is
able and willing to act. Different rules apply if no executor can take the
grant.
Speak to The Legal Practice Solicitors
Our Private Client team can advise on Wills, intestacy, probate applications, estate administration, Inheritance Tax issues and estate disputes. We can provide as much or as little support as the circumstances require.
Telephone: 0208 903 7017
Email: jpatel@thelegalpractice.co.uk
Office: 122-126 Wembley Park Drive, Wembley Park, London HA9 8HP
Disclaimer
This article is provided for general information only and does not constitute legal or tax advice or create a solicitor-client relationship. Wills, probate, tax and estate administration is fact-specific and may change. Obtain advice on the individual facts before acting. The law referred to is the law of England and Wales and is stated as at 26 August 2026.
