Understanding a Grant Of Probate: What You Need to Know

What is a Grant of Probate?

Probate is the legal confirmation that gives an executor the authority to handle a deceased person’s estate according to their Will. In Scotland, this is known as Confirmation and follows its own procedure.

The guidance on this page applies to England and Wales. For variations, see how the process works in Northern Ireland or how Confirmation is applied in Scotland.

A printable leaflet covering UK probate is also available.

The type of Grant issued depends on the circumstances and who makes the request.

The term Grant of Representation refers to the official authorisation required to oversee an estate, and it encompasses several kinds of approvals.

If someone dies without a valid Will, the appropriate document is Letters of Administration. Where a Will exists but no executor is available – for example, if those originally appointed have passed away – the necessary paperwork is a Grant of Letters of Administration with the Will Annexed.

When do you need a Grant of Probate?

If the estate is modest (under £10,000) or a financial institution agrees to release funds without it, you may be able to settle matters without formally seeking Probate. Some insurers, however, insist on such confirmation for sums above £5,000. Where assets are jointly owned and pass automatically to the surviving holder, this approval is not required.

Life assurance benefits may sometimes be claimed without formal paperwork, provided the policy is assigned to a chosen beneficiary.

That said, certain companies ask for it together with the death certificate and proof of identity. For small policies worth only a few thousand pounds, providers may instead pay funeral costs directly, which can reduce the balance below their threshold and remove the need for further authorisation.

Death in Service payments can go directly to a nominated recipient if the scheme’s trustees consent.

Pensions for dependants may start before such confirmation is issued, though some providers require evidence to avoid errors.

When arranging valuations and information, always confirm whether this approval is necessary. Although the rules can feel inconsistent, institutions argue that they must be careful to pay the right person since they are responsible for safeguarding the funds.

Benefits of a Grant of Probate

A Grant of Probate confirms the validity of a person’s Will and authorises the named executor to manage the estate in line with its terms. Other types of authority instead allow a personal representative to act in an administrative capacity before such confirmation is provided.

While this legal confirmation simply formalises the executor’s role, in reality financial institutions often insist on seeing it before releasing money or property. This is largely determined by each organisation’s internal policies and by the overall make-up of the estate.

Applying for this approval involves a structured procedure that must be followed step by step.

For further details, see:

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How long does it take for probate to be granted?

Ideally, the Grant is issued within 2–4 weeks of submission. Delays may occur if paperwork is incomplete or further details are requested. Occasionally, documents even go astray.

A straightforward case can result in approval within a month.

More complicated matters, or those requiring clarification from the Registry, may take several weeks or months. Applying through the government’s online system is generally faster than using paper documents.

Who can obtain a Grant of Probate?

The named executor in a valid Will may apply for the Grant provided they are able and willing to do so. If some step aside, at least one authorised person can continue with the application.

Where no valid Will exists, or if no one eligible is prepared to act, an inheritor may instead seek Letters of Administration.

In these situations, HMCTS ensures that only properly entitled individuals are recognised.

Do I need a solicitor?

Although legal representation is not mandatory, many people choose to consult a solicitor when the circumstances are complex. This is particularly useful in cases involving inheritance tax, detailed estate valuations, or potential disputes.

With families increasingly facing conflict, issues like excluded relatives, outdated documents, or questionable circumstances can arise.

A lawyer with TEP accreditation (membership of STEP – the Society of Trusts and Estates Practitioners) demonstrates advanced expertise. Similarly, ACTAPS-qualified professionals specialise in contentious matters and can help avoid years of difficulty.

Is probate needed if there is a Will?

This depends on the value of the estate and the decisions of financial institutions. When requesting valuations or information, confirm whether a Grant is required.

If an estate exceeds £10,000 and is liable for inheritance tax, a Grant is usually essential – especially when it involves land or other property. This remains true even if a Will exists, unless a bank or other organisation agrees to release funds without one.

What if an Executor does not wish to carry out their duties?

Not every executor wants to manage an estate. They can formally renounce responsibility, which involves signing a declaration confirming no involvement to date and declining future duties.

This is only possible if they have not already handled assets or contacted institutions on behalf of the deceased.

Renunciation is final, and the person loses any control over who takes the Grant forward. If someone prefers to delay involvement, they may reserve the right to join the Grant later.

Doing so would require a fresh application and could add costs or cause delays in the administration of the estate.

How to get a Grant of Probate

No payment is required for the first Grant application if the estate is valued below £5,000 (as of September 2022).

For estates above that threshold, a £273 charge must be made to His Majesty’s Court Service through the Probate Registry.

This amount covers the processing and issuing of the Grant. In some cases, banks or other institutions may ask for an official duplicate rather than a simple photocopy, though electronic scans are sometimes accepted. Ordering these certified versions when you first apply is more cost-effective, as they rise significantly in price later.

Keep the original Grant safe (unless a solicitor is managing the matter), since documents supplied to outside bodies are often misplaced.

If you cannot meet the cost, you may qualify for assistance by filling out Form EX160. Guidance on this document can be found on the UK Government website. Where successful, the initial application fee will be reimbursed.

Paying inheritance tax and required paperwork

Inheritance tax must be settled with His Majesty’s Revenue and Customs at least 20 working days before you submit an application for the Grant.

The Will and any supporting codicils then become part of the public record, stored by the Probate Registry. This is why the press sometimes shares details of well-known individuals’ final wishes. Your official death certificate will be sent back to you after the process is completed.

Since September 2022, applicants have not been required to complete form IHT 205 when no inheritance tax is owed.

Online applications are quicker

For a faster process, it’s best to apply online. Have all key details ready: the deceased’s personal information, the original Will with any codicils, the death certificate, and the applicants’ full names and addresses. The government website provides the full list of requirements.

Be sure to read the guidance notes, they are genuinely useful. Send the original Will together with supporting codicils and the death certificate to the Registry, but keep a personal copy for your own records.

A qualified solicitor can also prepare certified duplicates of the Will. These verified copies are usually recognised as valid by most institutions, although the Registry requires the original document.