A Grant of Probate is a legal document confirming that the executors named in a valid Will have authority to administer the estate of someone who has died. It can be used as evidence of that authority when dealing with banks, investment providers, property and other assets.
What is a Grant of Probate?
It confirms their legal authority to deal with the estate, which can include the deceased person's property, savings, investments and possessions.
The Grant of Probate itself does not determine who should inherit. That is normally set out within the Will. Instead, the grant confirms that the executor has authority to carry out the administration of the estate.
Once the grant has been issued, it can be provided to organisations that require formal evidence before allowing the executor to access, transfer or sell an asset.
Is a Grant of Probate always required?
No. Not every estate requires a Grant of Probate.
Whether one is needed will depend on the assets within the estate, how they were owned and the requirements of the organisations holding them.
For example, certain jointly owned assets can pass directly to a surviving owner, while some financial organisations may release assets without asking for probate.
A Grant of Probate is more likely to be required where the person who died owned property solely in their own name or held other significant assets that cannot be released without formal authority.
If you are unsure whether probate is required, our Probate and Estate Administration team can help you establish what needs to happen next.
Who can apply for a Grant of Probate?
Where somebody has left a valid Will, the executors named in that Will or in a valid codicil are normally the people entitled to apply.
The executor is responsible for administering the estate, which can involve collecting assets, paying debts and taxes and distributing the remaining estate to the beneficiaries named in the Will.
If more than one executor has been appointed, they will need to decide how the application and administration will be handled.
At John Fowlers, we can advise executors on their responsibilities and provide support with either the Grant of Probate application or the wider estate administration.
What is the difference between a Grant of Probate and Letters of Administration?
The terminology can be confusing, particularly if you have not dealt with an estate before.
A Grant of Probate is generally issued where there is a valid Will and an executor named in that Will is applying.
Where somebody dies without leaving a valid Will, an eligible person may instead need to apply for Letters of Administration.
Both documents are forms of legal authority used to administer an estate, but the appropriate grant depends on the circumstances.
If there is a Will but the named executors cannot act, a different type of grant may also be needed.
What does a Grant of Probate allow you to do?
Once probate has been granted, the executor can use the document where necessary to begin dealing with the estate.
Depending on the assets involved, this might include:
- Accessing and closing bank accounts
- Collecting savings and investments
- Selling or transferring property
- Dealing with shares
- Paying outstanding debts and taxes
- Collecting money owed to the estate
- Distributing the remaining estate to beneficiaries
Obtaining the grant does not mean the estate administration is complete.
Executors still need to make sure liabilities are dealt with and the estate is distributed correctly according to the Will.
How do you get a Grant of Probate?
Before applying, the executor will normally need to identify and value the estate and deal with any relevant Inheritance Tax requirements.
An application can then be made online or by post. Where there is a Will, the appropriate postal application is Form PA1P.
The Probate Registry may ask for further information before issuing the grant.
Once the application has been accepted, the executor will receive the Grant of Probate and can use it when dealing with organisations that require evidence of their authority.
How long does it take to receive a Grant of Probate?
The time taken can vary depending on the estate and whether any issues arise with the application.
Current guidance states that a Grant of Probate or Letters of Administration will usually be received within 12 weeks of submitting an application, although it can take longer if additional information is required.
The full administration of the estate can take considerably longer, particularly where property needs to be sold or more complicated assets are involved.
Can you check whether a Grant of Probate has been issued?
Yes. Probate records for England and Wales can be searched to see whether a grant has been issued.
This may be useful for beneficiaries, family members or others with an interest in an estate.
For a step-by-step explanation, read our existing article on how to find out if probate has been granted. Probate records can also be searched through the official probate records service.
What happens after a Grant of Probate is issued?
Once the grant has been received, the executor can move on to collecting and dealing with assets that could not previously be accessed.
They will then need to settle outstanding liabilities, complete any remaining tax matters and prepare the estate for distribution.
Executors have important responsibilities throughout this process, so it is important not to distribute an estate before the necessary debts and liabilities have been dealt with.
For a broader explanation of how probate fits into the full estate administration process, read our guide to what probate is.
Need help obtaining a Grant of Probate?
If you have been named as an executor, dealing with the legal and administrative responsibilities of an estate can feel like a lot to take on.
At John Fowlers, our Probate and Estate Administration team can provide as much or as little support as you need.
We can help you understand whether a Grant of Probate is required, prepare the application on your behalf or deal with the full administration of the estate from beginning to end.