Grant Of Probate: Get Help To Apply In England Or Wales

What is a Grant of Probate?

Probate is the legal validation of an Executor’s authority to manage a deceased person’s estate as outlined in their Will. This confirmation takes effect immediately upon the individual’s death. In Scotland, this process is referred to as Confirmation and follows different procedures.

The information on this page applies in full to England and Wales. Check the differences that apply to a Grant of Probate in Northern Ireland and Probate (Confirmation) in Scotland.

A PDF leaflet version of UK probate is available here to print.

The type of Grant that is issued depends on the situation and who applies for it.

A ‘Grant of Representation’ is the official proof needed to manage a deceased person’s estate. This term encompasses all types of grants.

When someone passes away without a valid Will, the process involves obtaining a Grant of Letters of Administration. If there’s a valid Will but no one named to handle it – perhaps because executors have died – the necessary document is a Grant of Letters of Administration with the Will Annexed.

When do you need a Grant of Probate?

If the estate is small (under £10,000) or an asset holder waives the need for a Grant, you might access all funds and settle the estate without applying for Probate. Note: Some insurers require a Grant for amounts over £5,000. Likewise, if assets are jointly held and pass to surviving owners, no Grant is necessary.

You don’t always need a Grant of Representation for life assurance payouts, if the policy is assigned to a nominated beneficiary. However, Life Companies sometimes require it along with the death certificate and claimant’s ID. For smaller policies, typically just a few thousand pounds, you can ask the company to pay funeral expenses directly to the funeral director. This often lowers the remaining balance below their probate threshold, eliminating the need for a Grant.

Death in Service benefits can be paid to a nominated third party without needing a Grant, as long as the scheme’s Trustees approve.

Dependents’ pensions can begin before a Grant is issued, but some companies require it as proof to avoid incorrect payouts.

When writing valuations and information, always check if a Grant is needed before payment. This can be frustrating, but asset holders argue they must ensure payments go to the right person since they have been entrusted with the money.

Benefits of a Grant of Probate

A Grant of Probate is the only type of Grant that confirms the validity of the Will of someone who died and authority for the Executor to administer the estate in accordance with the terms of the Will. Any other type of Grant confers the authority to act as the personal representative (executor or administrator) act before the Grant is issued.

Although the Grant of Probate simply confirms authority on the executor, in practice it is often necessary to wait for the Grant to be issued as the asset holders may refuse to release funds to enable the estate to be administered until they have had sight of the Grant. This will be determined by the organization’s own rules and thresholds and other aspects of the composition of the estate.

Where there is a need to apply for a Grant, there is a strict process consisting of a number of steps that need to be followed correctly.

Get Help Today

Have you started probate online and not sure how to complete? Are you considering whether to do probate yourself?

The NBS offers free probate support services to all UK residents.

Call or send us a message and receive:

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Don’t overpay for probate. Speak to The NBS today and discover what options you have.

How long does it take for probate to be granted?

Ideally, the Grant should be issued within 2-4 weeks of applying to the Probate Registry. Delays can worsen if applications are complex, documents are missing, or additional information is needed. Sometimes, applications even get lost.

How long does the Grant of Probate usually take?

This depends on the type of Grant needed, and the time it takes to gather all the estate’s details like assets and debts and submitting the application to HMCTS.

A straightforward application can secure a Grant in about a month. However, complex cases or those requiring additional information from the Probate Registry may extend this process to several weeks or even months.

Applying for probate online is faster than using paper forms.

Who can obtain a Grant of Probate?

The named executor(s) in a valid Will can apply for the Grant of Probate if they are willing and able to act. If some cannot or will not act, but at least one executor is willing and able, that person can proceed with the application.

If there’s no Will or a valid one, or if no one is willing and able to apply for the Grant, someone inheriting under the Will can seek a Grant of Letters of Administration with the Will annexed. Without a valid Will, those entitled to the estate can apply for this Grant. If an eligible person can’t or won’t act, proof must be provided in the application. This ensures that HMCTS confirms no qualified individual is overlooked in applying for the Grant.

Do I need a solicitor for probate?

While you don’t need a solicitor for a Grant application, it’s wise to seek professional legal help early if the situation is complex. This includes scenarios involving Inheritance Tax, intricate estate valuation, or potential legal challenges.

With complex family dynamics becoming more common, excluded heirs, unmarried partners not due to inherit, out-of-date Wills and dubious circumstances around a Will’s creation, seeking expert legal advice is crucial. Look for solicitors with TEP after their name; it indicates rigorous training in probate law and membership in STEP (Society of Trusts and Estates Practitioners), ensuring they are highly qualified to handle your case.

If there is any chance of challenges, consulting an ACTAPS-accredited solicitor is invaluable. Their expertise can guide your decisions and potentially save you months or even years of stress. Unless you are certain the estate is straightforward with no foreseeable issues, it’s wise to at least discuss it with a professional first.

Is probate needed if there is a Will?

Securing a Grant of Probate isn’t always necessary, even with a valid Will. It depends on the estate’s value, its composition, and the decisions of asset holders.

When seeking valuations or information, always ask if a Grant is needed for payment. Inconsistent policies and unclear requirements make this step crucial.

When an estate exceeds £10,000 and owes Inheritance Tax, a Grant of Probate is needed – especially if it includes land or property. This holds true regardless of whether there’s a valid Will, unless the asset holder releases funds without one.

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

Not every executor wants the responsibility of managing an estate, and they can formally renounce probate to avoid it. This involves signing a document declaring no involvement with the estate so far and refusing future duties. Renunciation is only allowed if you haven’t “intermeddled” – meaning you haven’t informed banks, insurance companies, or pension plans that you are the executor or handled any funds or bills of the deceased.

Once you renounce, there’s no turning back. You lose control over who handles the Grant, and essentially, you step aside completely. If you can’t be involved in the estate right now but might want to later, you can reserve power to join the Grant in the future. This option means you will need another application when you are ready, which could lead to extra costs and delays for the estate administration.

How to get a Grant of Probate

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

Applying for a Grant for estates over £5,000 requires a £273 fee to His Majesty’s Court Service via the Probate Registry. This fee covers processing and issuing the Grant. Asset holders might request a sealed office copy of the grant instead of a photocopy, though some accept electronic scans. It’s wise to order these sealed copies with your application since they cost just £1.50 each initially but jump to £20 per copy if requested later.

Hold onto the original Grant (unless a solicitor is handling it), as copies sent to other organisations often get lost.

If you cannot afford the fee, it may be possible to obtain help by completing Form EX160. Information on Form EX160 can be accessed on the UK Government website. If your claim succeeds, you’ll get a refund for the upfront application fee.

Where there is a need to apply for a Grant in Scotland and Northern Ireland, please refer to the links below.

Online applications are quicker

For a quicker process, apply online. Have all essential details ready: the deceased’s information, original Will and Codicils, death certificate, and applicants’ full names and addresses. Visit the government website for exact requirements.

Make sure to read the guidance notes – they really are useful. Ensure you have a clean, unmarked copy of the Will, as you will need to send this original document, along with any Codicils and the death certificate, to the Probate Registry. Keep a personal copy to follow estate instructions.

Have a solicitor create certified copies of your Will. These stamped photocopies are widely accepted as genuine, just like the original, by most organisations (excluding the Probate Registry).

Paying inheritance tax and related forms

Inheritance Tax must be paid to His Majesty’s Revenue and Customs at least 20 working days before applying for the Grant.

The Will and any Codicil/s become public records held by the Probate Registry. This is why media outlets often publish details of famous individuals’ Wills. Your death certificate will be returned to you after your application.

As of September 2022, there’s no need to complete an IHT 205 to prove no inheritance tax is due.