Grant of Probate

A Grant of Probate is a legal document issued by the Probate Registry in England and Wales that confirms the executor named in a will has the authority to administer the deceased person’s estate. It enables the executor to collect, manage, and distribute assets according to the terms of the will.

Why a Grant of Probate Matters

Most financial institutions, property registries, and legal bodies require sight of a Grant of Probate before releasing assets or transferring ownership. It protects all parties involved by proving that the executor has been officially recognised and has the legal right to act.

For solicitors and legal professionals, obtaining the Grant is often the first key milestone in any probate matter, triggering the ability to progress with the substantive administration of the estate.

When Is a Grant of Probate Required?

A Grant of Probate is usually needed when:

• The estate contains property, shares, or large sums held with banks or insurers
• There is a will, and the executor needs legal authority

It may not be required when:

• The estate is of low value
• Assets were held jointly and pass automatically to the surviving joint owner

How to Apply for a Grant of Probate

Executors must:

1. Locate the original will
2. Value the estate and report it to HMRC
3. Submit a probate application with the required documents and fee
4. Await processing (usually 4–8 weeks, but potentially longer during peak periods)

Professional advisers often manage this on behalf of clients to ensure accuracy and compliance.

Example and Use Case

• A solicitor applies for a Grant of Probate to access the deceased’s share portfolio and current accounts, pay inheritance tax, and transfer funds to beneficiaries as set out in the will.

Mini-FAQ

Is a Grant of Probate always needed?
Not always. It depends on the estate’s structure and value.

How long does it take to get the Grant?
On average, 4 to 8 weeks from the date of application, though significant delays (of many, many months) can occur.

Can executors apply without a solicitor?
Yes, but for complex or high-value estates, legal assistance is strongly recommended.

The Grant of Probate is a crucial document in UK estate law, establishing an executor’s legal authority and enabling the proper management of a deceased person’s affairs. It is the foundation of any structured, lawful estate administration process.