What is a Grant of Probate?

Dealing with the estate of someone who has died can feel overwhelming, particularly if you have been named as an executor. One of the first legal steps you may encounter is applying for a grant of probate. Understanding what a grant of probate is, when it is required, and how the probate process works, can help you move forward with confidence at what is often a difficult time.

In this guide, we explain the grant of probate meaning in plain English, outline when probate is required, how long the process usually takes, and what happens after probate is granted.

If you need tailored advice or support with applying for probate, our experienced probate solicitors are here to help.

What is a grant of probate?

A grant of probate is a legal document issued by the Probate Registry that confirms an executor’s authority to deal with a deceased person’s estate.

If the person who has died left a valid Will, the executor named in that Will must usually obtain a grant of probate before they can collect assets, close accounts, or distribute the estate. In simple terms, the grant of probate proves that the Will is legally valid and that the executor has the right to act.

People often search for what is a grant of probate because it is not something most families encounter regularly. A grant of probate forms part of the wider probate process, which is the legal procedure for administering a person’s estate after death.

When do you need a grant of probate?

A common question is do I need probate? The answer depends on the size and nature of the estate.

In many cases, a grant of probate is required where the deceased owned assets in their sole name, such as:

• Property or land
• Large bank or building society accounts
• Investments or shareholdings

Financial institutions usually set their own thresholds for releasing funds without probate. These limits vary but typically range from £5,000 to £50,000, depending on the organisation.

You may not need probate if:

• The estate is small and falls below bank thresholds
• Assets were owned jointly and pass automatically to the surviving joint owner
• All assets were held in trust

Understanding when do you need probate can be complex, particularly where there are multiple accounts or asset types. Seeking advice early can prevent delays.

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

The terms probate and grant of probate are often used interchangeably, but they are not the same.

Probate refers to the entire legal process of administering an estate, from valuing assets and paying debts to distributing inheritance. The grant of probate is the official document issued as part of that process, giving the executor legal authority to act.

Where there is no Will, probate still applies, but the document issued is called letters of administration, not a grant of probate. Together, grants of probate and letters of administration are known as a grant of representation.

Understanding this distinction is important, particularly when comparing grant of probate UK requirements for estates with and without a Will.

How to apply for a grant of probate

Applying for probate involves several key steps, and accuracy is essential to avoid delays.

The typical probate application process includes:

1. Valuing the estate
   All assets and liabilities must be identified and valued as at the date of death.
2. Inheritance tax reporting
   Depending on the estate value, inheritance tax (IHT) forms must be completed and submitted to HMRC. Any tax due must usually be paid before probate is granted.
3. Completing the probate application
   Executors apply using the PA1P form (for estates with a Will), either online or by post.
4. Submitting documents
   This includes the original Will, death certificate, and application fee.
5. Probate Registry review
   The Registry reviews the application and issues the grant if everything is in order.

While it is possible to handle a probate application yourself, professional support can be valuable where estates are complex or time-sensitive.

How long does it take to get a grant of probate?

Many executors ask how long does grant of probate take. For straightforward estates, the grant is usually issued within 8 to 12 weeks of submitting a complete application.

However, the overall probate timeline can be longer. Delays may occur due to:

• Inheritance tax complications
• Missing information or valuation issues
• Errors in the application
• Probate Registry backlogs

Once issued, the grant allows the estate administration to move forward, but the full process often takes 6 to 12 months or longer for complex estates.

What can you do once probate is granted?

After probate is granted, the executor can begin administering the estate fully. This includes:

• Collecting funds from banks, investments, and asset holders
• Selling or transferring property
• Paying outstanding debts and expenses
• Distributing the estate in accordance with the Will
• Preparing estate accounts and records

Many people ask what happens after probate is granted, as responsibilities continue well beyond receiving the document. Executors have a legal duty to act properly and in the best interests of beneficiaries.

If you require advice on probate matters, or making a Will, our team are here to help.

FAQs

Can you access bank accounts before probate is granted?

In most cases, bank accounts are frozen until probate is granted. Some banks will release limited funds (typically between £5,000 and £50,000) without probate.

Most institutions will allow payment of funeral expenses directly from the deceased’s account. Beyond this, access is usually restricted until the grant is issued.

How much does a grant of probate cost?

The court fee for a grant of probate is currently £300 for estates valued over £5,000. Estates below this threshold are free of charge.

At Devonalds, we provide support with obtaining grant of probate for a standard fixed fee of £795+VAT.

Can I apply for probate myself?

Yes, it is possible to apply for probate yourself, particularly for straightforward estates with a single property and no tax issues.

However, professional advice is often recommended where there are disputes, overseas assets, business interests, or inheritance tax concerns. Solicitors can reduce stress, minimise errors, and help avoid delays.

To learn more, you can access the UK GOV guide on probate.

Why choose Devonalds Solicitors?

At Devonalds Solicitors, we understand that probate is about more than paperwork. It is about supporting families at a difficult time with clear, practical advice.

Our experienced wills and probate solicitors advise clients across South Wales on grant of probate, estate administration, inheritance tax planning, and related matters. We take the time to understand your circumstances and guide you through each stage of the probate process with care and clarity.

Speak to our Wills and Probate solicitors

If you need help understanding what is a grant of probate, or support with a probate application, our specialist team is here to help.

Contact your local Devonalds office at Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales probate solicitors today.

You can call us on 01443 779050 or use our simple contact form and we will get back to you as soon as possible.