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Grant of Probate

Also known as: Probate Grant, Grant of Representation (when there's a will)

Definition

A Grant of Probate is an official court document issued by the Probate Registry that gives executors the legal authority to access, manage, and distribute a deceased person's estate when there's a valid will.

Choosing an executor is crucial because they'll need this grant to handle everything from bank accounts to property sales. Without it, even named executors cannot legally act on the will's instructions.

What Does Grant of Probate Mean?

Under The Non-Contentious Probate Rules 1987, a Grant of Probate is an official legal document issued by HM Courts & Tribunals Service through the Probate Registry. It confirms the validity of the deceased's will and establishes the legal authority of the named executor to administer the estate. This document serves as proof to banks, financial institutions, and the land registry that the executor has the right to access accounts, sell property, and distribute assets according to the will's instructions.

The grant is only called a "Grant of Probate" when there's a valid will naming an executor. Without a will, the equivalent document is called Letters of Administration. Both are types of Grant of Representation, but they're issued in different circumstances and to different people—executors receive probate grants, while administrators receive letters of administration.

Not every estate requires a Grant of Probate. Whether you need one depends on the estate's value and asset types. Most financial institutions require a grant for accounts over £5,000 to £50,000, though thresholds vary significantly—Barclays requires probate for amounts over £50,000, while Monzo's threshold is just £5,000. Property held in the deceased's sole name almost always requires probate regardless of value. However, jointly owned assets typically pass automatically to the surviving owner without needing a grant.

David dies leaving a will naming his daughter Sarah as executor. His estate includes a house worth £280,000 in his sole name and £45,000 in savings. Sarah must apply for a Grant of Probate before she can sell the house or access the bank accounts. The application requires the original will, death certificate, completed probate form, and a £300 fee. After waiting approximately 5 weeks for online applications (or 13 weeks for paper applications), Sarah receives the grant and can legally begin administering the estate.

The application process requires executors to register the death, value the entire estate, complete form PA1P, and submit the original will with the £300 fee (waived for estates under £5,000). Rule 20 of The Non-Contentious Probate Rules 1987 states that no grant can be issued within seven days of death, though most applications take considerably longer. Once received, the grant gives executors full legal authority to collect assets, pay debts and taxes, and distribute inheritance to beneficiaries—typically a 9-12 month process for straightforward estates.

Multiple executors can all receive the grant, with up to four able to apply jointly. If an executor is unwilling or unable to serve, they can renounce their role before applying. The grant becomes a public record that anyone can request for £1.50, ensuring transparency in estate administration. Different rules apply in Scotland (where it's called Confirmation) and Northern Ireland, so this information applies specifically to England and Wales.

Common Questions

"Do I need a Grant of Probate if my parent left a will?" It depends on the value and type of assets. If your parent owned property in their sole name or had bank accounts over £5,000-£50,000 (thresholds vary by institution), you'll likely need a Grant of Probate. However, if assets were jointly owned or the total estate is under the institution's threshold, you may not need one. Contact each financial institution to confirm their specific requirements.

"How long does it take to get a Grant of Probate in the UK?" For straightforward estates with correctly completed paperwork, HM Courts & Tribunals Service currently issues grants within approximately 5 weeks for online applications and 13 weeks for paper applications as of 2025. However, complex estates, missing documents, or disputes can extend this timeline significantly. The legal minimum waiting period is seven days from death under The Non-Contentious Probate Rules 1987.

"Can I access my spouse's bank account before getting the Grant of Probate?" If the account was in your spouse's sole name, you cannot access it until you receive the Grant of Probate—banks freeze accounts upon notification of death. However, if you held a joint account, you retain full access as the surviving account holder without needing probate. Some banks may release small amounts (typically under £5,000) for funeral expenses without a grant.

Common Misconceptions

Myth: If someone leaves a will, I don't need to apply for probate.

Reality: Having a will does not eliminate the need for a Grant of Probate. The grant is required based on the value and type of assets in the estate, not whether a will exists. Even with a valid will, you'll need a Grant of Probate to access most estates containing property or significant savings (typically over £5,000-£50,000 depending on the institution). The will simply determines who can apply for the grant and how assets should be distributed, but it has no legal power without the grant to enforce it.

Myth: The Grant of Probate process can start immediately after someone dies.

Reality: Under The Non-Contentious Probate Rules 1987 (Rule 20), a Grant of Probate cannot be issued within seven days of death. This minimum waiting period is legally required. In practice, most applications take much longer because executors need time to register the death, obtain the death certificate, locate the original will, value all assets, and complete application forms. Currently, even straightforward applications take 5-13 weeks from submission to receiving the grant, depending on whether you apply online or on paper.

Understanding Grant of Probate connects to these related concepts:

  • Probate: The overall process of estate administration, of which obtaining the Grant of Probate is a critical early step.
  • Executor: The person named in the will who applies for and uses the Grant of Probate to administer the estate.
  • Letters of Administration: The equivalent document issued when there's no valid will, contrasting with the Grant of Probate which requires a will.
  • Estate Administration: The tasks and responsibilities executors perform after receiving the Grant of Probate, including collecting assets and distributing inheritance.
  • Probate Registry: The court office where executors submit applications for Grants of Probate and where all grants become public record.
  • Probate Process: Complete UK Guide: This article provides comprehensive coverage of the entire probate process, of which obtaining a Grant of Probate is a critical early step.
  • How to Apply for Probate Without a Solicitor: Explains the practical DIY application process for obtaining a Grant of Probate yourself without legal representation.
  • Grant of Probate Timeline: How Long Does It Take?: Focuses specifically on timeframes for receiving a Grant of Probate and factors affecting current HMCTS processing times.
  • Probate Fees and Costs: Complete Breakdown: Details the £300 court fee for obtaining a Grant of Probate plus additional costs like valuations and legal fees.
  • When Is Probate Required in England & Wales?: Explains the thresholds and circumstances that determine whether a Grant of Probate is actually needed for your estate.

Need Help with Your Will?

Understanding the Grant of Probate process helps you make informed decisions about naming executors in your will. Choose someone capable of handling the 9-12 month estate administration process and the legal responsibilities that come with this authority.

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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.