What is a Grant of Probate?

A Grant of Probate is a legal document issued by the probate registry, authorising the executors named in a Will to manage and distribute the estate of a deceased person.

It confirms that the Will is valid and allows the named executors to access assets, pay off any debts, and distribute inheritance to beneficiaries.

If there is no Will, an equivalent document called ‘Letters of Administration’ is issued, and a close relative is appointed as the administrator.

If you have been appointed as an executor and need to obtain a Grant of Probate, it is advisable to seek the guidance of an expert solicitor, as they can help make the process quick and efficient.

This blog will answer some common questions about granting probate. Please be aware that this blog is for informational purposes only and should not be taken as legal advice.

Why would you need a Grant of Probate?

Executors will need to apply for a Grant of Probate if the deceased person’s estate includes assets of significant value, such as if they owned their own home, if they owned shares or had over £30,000 in a bank account.

Many banks and financial institutions set a threshold for the funds they will release without probate, this varies but is usually between £5,000 and £50,000.

If the deceased’s estate is small or primarily consists of jointly held assets (such as a home or joint bank accounts), these assets usually pass directly to the co-owner, without needing a Grant of Probate.

Can you apply for a Grant of Probate yourself?

Yes, you can apply for a Granted Probate yourself, although this is generally not advisable unless you have prior knowledge of this process.

Applying for a Grant of Probate can be complex, and you can be held personally liable for any errors made in the process.

For this reason, most people choose to work with a specialist probate solicitor who can ensure that the application is completed correctly on their behalf.

How can I apply for a Grant of Probate?

You can apply for probate if you are named as an executor in the deceased’s Will. If more than one person is named as an executor, you must all agree on who makes the application for probate, and a solicitor can make the application on your behalf.

You will need to find a copy of the original Will, this may be held at the home of the deceased, with a solicitor or with the national probate registry.

Before applying for probate, your solicitor can assist with estimating the value of the estate of the person who died.

Once the estate has been valued, this will need to be reported to HM Revenue and Customs (HMRC) and any Inheritance Tax that is due will need to be paid. A solicitor can help you establish if the estate needs to be reported to HMRC and help you complete this process.

To apply for a Deed of Probate, you must then complete an application online or via a paper form (PA1P if there is a Will, PA1A if not). If you have instructed a solicitor, they can do this on your behalf.

Once submitted, the Probate Registry will review the application and, if approved, issue the grant, allowing the executor to administer the estate as instructed in the Will.

What happens after probate is granted?

After probate has been granted, the estate will need to be distributed. This can feel like a daunting process for some, and having the help of a solicitor can ensure the process is completed correctly and the estate is distributed in line with the deceased’s wishes.

Distributing the estate involves collecting assets, such as money from bank accounts or proceeds from the sale of property, and paying off any outstanding debts, taxes, and funeral expenses. Once obligations are cleared, the executor distributes the remaining assets to beneficiaries according to the Will’s instructions.

The assistance of a solicitor with this process can help prevent any disputes from arising between executors and beneficiaries and ensure the process is completed as transparently as possible.

How long does it take to get a Grant of Probate?

After you have applied, the application will be reviewed by the Probate service.

You will typically receive the Grant of Probate within 16 weeks of submitting an application, but this can take longer if there is a backlog at the probate registry or you are required to provide additional information.

Speak to our Grant of Probate solicitors in Bristol

We are able to offer a free first consultation to answer any questions you might have about the probate process and help to clarify your situation.

To book a free initial consultation with our specialist probate solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today. You can use the contact details for each office or, alternatively, fill in the enquiry form on the right-hand side of the page to request a call back.