Grant of Probate

Losing someone close to you is hard enough without a bank writing to ask for a document you have never heard of. If you have been named as an executor in someone’s Will, that document is almost certainly a grant of probate, sometimes called a grant of representation. It is the court’s confirmation that you have authority to deal with the estate.

Not every estate needs a grant, so it is worth finding out early where you stand. If a bank, building society, share registrar or the Land Registry has asked you for one, you will usually need to apply before they release funds or transfer property.

This page explains what a grant of probate is, when one is needed, who can apply and how long it takes. If you would rather talk it through, our Wills, probate and power of attorney solicitors in Hamilton Square, Birkenhead are glad to answer questions without obligation.

Speak to our probate solicitors in the Wirral

You do not need to have decided anything before getting in touch. If you have been named as an executor and are not sure where to start, a short conversation will usually tell you whether a grant is needed.

RMNJ are always glad to discuss any questions you have without obligation and at first instance entirely free of charge. Call us on 0151 647 0000 during office hours or email us, and we will get back to you.

What is a grant of probate?

A grant of probate is the document issued by the Probate Registry, part of His Majesty’s Courts and Tribunals Service (HMCTS), after someone dies leaving a valid Will. It confirms that the Will is valid and that the executors named on it have authority to act.

Banks, building societies, share registrars and the Land Registry will usually want to see the grant before releasing money or transferring property. Until it is issued, an executor has authority under the Will but no way of proving it. Our guide to probate sets out how the wider process fits together.

When is a grant of probate required?

A grant is needed whenever an asset cannot be released or transferred without one. In practice, that usually means:

• Property or land held in the deceased’s sole name, or held with someone else as tenants in common
• Shareholdings, investments and National Savings products
• Bank or building society balances above the provider’s own limit

In most of the estates we deal with, it is the house that makes a grant necessary. There is no single probate threshold set in law: each provider decides how much it will release without seeing a grant, and the figure is typically somewhere between £5,000 and £50,000.

When probate may not be needed

Some estates can be wound up without a grant. Where the amount held with each institution falls under its threshold and there is no property to transfer, asset holders may release funds to the executor directly, and some will do so where the executor signs an indemnity.

Assets held as joint tenants pass automatically to the surviving owner by survivorship, outside the estate. Where a property is held as tenants in common, the deceased’s share forms part of their estate and a grant is usually needed.

Grant of probate vs letters of administration

A grant of probate is issued where there is a valid Will and a named executor able and willing to act. The court is confirming an authority the Will has already given.

Where there is no Will, or no executor who can act, the court issues letters of administration instead. That appoints an administrator, and the estate passes under the intestacy rules rather than anyone’s wishes. Establishing whether there is a Will or whether intestacy applies is the first step.

Who can apply for a grant of probate?

Only an executor named in the Will can apply for a grant of probate. Nobody else can take on that role, however closely related to the deceased they are.

A Will can appoint any number of executors, but no more than four can be named on the grant itself. Where more have been appointed, they will need to agree who applies.

An executor who does not want to deal with the estate can have power reserved, taking no active part now while keeping the option of stepping in later, or renounce the role permanently, provided they have not already started to act. Our page on executors and administrators explains what the job involves.

How to apply for a grant of probate

1. Register the death and order several copies of the death certificate. Asset holders will each want to see one.
2. Identify and value everything the estate owns and owes as at the date of death. This is the longest stage and the one most worth getting right.
3. Deal with the inheritance tax position. Where a full account is required, that means form IHT400. Where the estate qualifies as an excepted estate, the figures go on the probate application rather than a separate HMRC form.
4. Submit the application and pay the court fee. Most applications are now made online, and the paper route for an estate with a Will is form PA1P. A single flat fee applies to estates above a small value, with nothing to pay below it, and the UK guidance on applying for probate covers the mechanics.
5. Sign the statement of truth. Executors once swore an oath in front of a solicitor. It is now signed rather than sworn.
6. Receive the sealed grant, with any office copies you have ordered.

What documents and information you need

Gather the following before you start:

• The original Will and any codicils, not a photocopy
• The death certificate, and copies for each asset holder
• Date-of-death valuations for any property, formal where the estate may be taxable
• Balances for bank accounts, savings, investments and National Savings products
• Details of pensions, life policies and any death-in-service benefit
• Values for vehicles and household contents
• Details of debts, including any mortgage, loans, credit cards and unpaid bills
• The funeral account
• Details of gifts made in the seven years before death

Inheritance tax and the grant of probate

Inheritance tax (IHT) and probate are separate processes with one important link: where tax is payable, HMRC generally needs to be paid before the grant will be issued. That creates a timing problem, because the money is usually locked inside the estate. Paying by instalments on property and the direct payment scheme with the deceased’s bank can help.

Most estates pay no inheritance tax. Each person has a nil-rate band, and an additional residence nil-rate band may be available where a home passes to children or grandchildren. Anything unused can usually be transferred to a surviving spouse or civil partner. Our page on working out inheritance tax covers the detail, and the GOV.UK inheritance tax pages set out the current thresholds.

How long does a grant of probate take?

Two timescales are involved, and the first is usually the longer one. Tracing assets, obtaining valuations and settling the inheritance tax position typically takes several weeks to a few months, depending on the estate and how quickly third parties reply. Where a full inheritance tax account is needed, HMRC has to process it before the application can be submitted.

HMCTS processing sits on top of that. Straightforward digital applications are currently issued within a few weeks. Applications stopped for further information take considerably longer, and the usual causes are avoidable: original documents not sent, or figures that do not reconcile.

How much does a grant of probate cost?

There are two costs to keep separate. The first is the court application fee, set by HMCTS and payable whether or not you instruct a solicitor. It is a single flat fee for estates above a small value, with nothing to pay below that, plus a small charge for each sealed copy of the grant. The fee increased in 2026, so check the current figure.

The second is our own fees, which depend on whether you instruct us for the grant alone or for the full administration of the estate. Our fees are competitive because we work efficiently, and we will tell you what the work will cost before you commit to it. Our Wills, probate and power of attorney funding page explains how we charge.

What happens after the grant of probate is issued?

The grant is the start of the administration, not the end of it. With it, you can:

• Close accounts and collect in the money and investments the estate holds
• Sell or transfer property
• Settle the estate’s debts and liabilities in the order the law requires
• Prepare estate accounts showing what came in, what went out and what is left
• Deal with distributing the estate accurately to the beneficiaries

Each stage carries its own risk, particularly around debts. Our probate administration service covers all of it.

Common mistakes executors make

The problems we are asked to unpick are usually one of these:

• Distributing too early. Executors who pay out before they should can be personally liable if a debt or a claim appears afterwards. It is good practice to wait six months from the date of the grant.
• Missing an asset or a liability. Dormant accounts, small shareholdings and forgotten policies surface at the worst moment.
• Not placing statutory notices. Advertising for creditors in The Gazette and a local newspaper gives protection against debts you did not know about.
• Undervaluing property. An approximate figure rather than a proper valuation can lead to penalties.
• Treating the role casually. An executor’s duties are personal, and so is the liability.

Do you need a solicitor to apply for probate?

Not always, and we would rather be up front on this matter. Applying yourself is realistic where the estate is straightforward: no property to sell, a handful of asset holders, no inheritance tax to pay and a family in agreement. The online application handles that well enough.

It is worth getting help where there is property to sell or transfer, business assets, assets held abroad, inheritance tax to report or pay, a blended family, or any sign of a dispute. In those cases, advice usually costs a good deal less than putting a mistake right. You are welcome to come in and talk it through before deciding either way.

Our grant of probate service in the Wirral and Merseyside

RMNJ has been established for over 75 years, and a good deal of our probate work comes from families we have acted for before. We hold Lexcel accreditation, the Law Society’s practice management standard.

You can choose to instruct us for the grant alone or for the full administration of the estate. Either way, you will have a named person dealing with your matter, and we will keep you informed rather than leave you to chase. If we drew up the Will, we would already have it on file along with any context required.

We see clients at our office in Hamilton Square and across the Wirral, and we can visit you at home if getting into Birkenhead would be difficult. If you are weighing up who to instruct, our page on deciding upon RMNJ for probate sets out what working with our probate solicitors in the Wirral involves.

Frequently asked questions about the grant of probate

What is the difference between probate and a grant of probate?

Probate is the whole process of dealing with someone’s estate after they die. The grant of probate is the single court document that gives the executor authority to do it.

Does a grant of probate expire?

No. Executors are still expected to get on with the estate, and there is a six-month period from the date of the grant in which a claim can be brought under the Inheritance (Provision for Family and Dependants) Act 1975. Many wait until that has passed before distributing.

How many copies of the grant of probate should I get?

Order several sealed office copies when you apply. Each asset holder will want to see one, so copies let you write to banks, insurers and share registrars at the same time. HMCTS charges a small fee per copy.

Can a grant of probate be challenged?

Yes. Someone who wants to stop a grant being issued can enter a caveat at the Probate Registry, which holds the application while the position is resolved. A grant can also be challenged where the validity of the Will is in question, which our contentious probate can help you resolve.

What if the Will names an executor who has died or does not want to act?

Another named executor can apply. An executor who does not want to act can have power reserved, leaving the door open to step in later, or renounce entirely. Where no named executor is able or willing to act, the application becomes one for letters of administration with Will annexed.

Speak to our probate solicitors in the Wirral

You do not need to have decided anything before getting in touch. If you have been named as an executor and are not sure where to start, a short conversation will usually tell you whether a grant is needed.

RMNJ are always glad to discuss any questions you have without obligation and at first instance entirely free of charge.