Everything you need to know about Grant of Probate

This is the process for dealing with a deceased estate. Ideally, they created a will beforehand.

Losing a loved one is one of life’s toughest moments. Dealing with their estate can feel like an added burden. But it doesn’t have to be difficult.

At Hutchinson & Buchanan, we understand the emotional and legal challenges families face, and are here to guide you through every step of the probate process.

What exactly is a Grant of Probate?
The Grant of Probate document is the key that unlocks the legal side of wrapping up someone’s affairs. It is a document issued by the High Court that confirm as the authenticity of the will and therefore the authority of the executors appointed.

Once a will has been admitted to probate, it gives the executors named in a will the authority to handle the deceased’s assets. It unlocks access to bank accounts and provides authority to sell stocks, shares and houses. 

It is the responsibility of the executors named in the will to apply for a grant of probate. They must first ascertain and value all of the estate’s assets and debts. It’s the executor’s responsibility to provide your solicitors with all relevant information, or to instruct your solicitors to acquire this information on their behalf.

If there’s no will or the will does not appoint an executor, ask us about a similar document called Letters of Administration.

Why is a Grant of Probate Needed?

The Grant of Probate is essential because it proves to financial institutions (such as banks and building societies) and the Land Registry that the executors have the legal authority to access and distribute the deceased’s assets.

Without it, the executors can’t close or transfer any account over certain limits (which vary by institution) or transfer any property regardless of value. It ensures that everything is handled fairly and according to the deceased’s wishes as laid out in their will. They do have a will, right? If not, talk to us ASAP.

The Grant of Probate Process in the UK

The application process can seem daunting, but breaking it down into clear steps makes it manageable. Here’s how it works in England and Wales: –

1. Register the Death: Start by obtaining a death certificate, which must be registered at a local registry office within 5 days of the passing.

2. Locate the Will: Find the original will and confirm it’s valid, identifying the executor(s) named to carry out its instructions.

3. Value the Estate: List all assets (bank accounts, property, investments) and liabilities (debts, funeral costs). You may need professional valuations, like a surveyor for property. Obviously houses will be valued by an estate agent and are given what we call a probate value. This is not necessarily the end price that the estate will receive; it might be more or less depending on the market at the time.

4. Assess Inheritance Tax (IHT): Calculate if IHT is due—there’s no tax on the first £325,000 (the “nil rate band”), and an extra allowance if a home is left to direct descendants. Tax is 40% on anything above that. Submit IHT forms to HMRC and pay within 6 months to avoid interest (currently 7.5%).

Necessary Information and Documentation

To apply for a Grant of Probate, you’ll need to gather key documents and details, including:

• Original death certificate
• The original will (and any codicils—updates to the will)
• Full list of assets: bank statements, property deeds, share certificates, etc
• Full list of liabilities: debts, funeral expenses, and other costs
• Completed Inheritance Tax Accounts (if the estate is taxable, or untaxable but certain reliefs/exemptions to be claimed) along with proof of payment
• Application fee of £300.00 (only if the value of the estate is over £5,000.00), plus £1.50 for each extra sealed copy of the grant
• Executor identification (e.g., passport or driving licence for online applications).

How long does Grant of Probate take in the UK?

As of March 2025, once you submit your application, it can take between 12–16 weeks to receive the Grant of Probate, assuming everything’s in order.

Before applying, ascertaining and valuing the estate and paying any inheritance tax can take 1–3 months. Administering the estate afterward might stretch the full process to 9–12 months—or longer for complex cases.

Delays can happen due to errors or application backlogs at both HM Revenue and Customs and HM Courts and Tribunals Service. Digital applications are speeding things up—sometimes as quick as 2–4 weeks—but paper submissions still lag.

Plan ahead, get the right legal team onboard, and you’ll avoid unnecessary delays.

Avoid probate delays

In 2024, 65% of families experienced probate delays, turning a difficult time into a drawn-out ordeal. Some families waited over a year to settle the estate.

Costs involved with a Grant of Probate

Applying for a Grant of Probate comes with costs:

• Probate Fee: £300.00 in England and Wales (no fee if the estate is under £5,000), plus £1.50 per extra grant copy
• Extras: Solicitor fees (£1,000–£5,000+ depending on complexity), valuation costs (e.g., property surveys), and IHT if the estate exceeds £325,000.

These costs can add up, but proper planning—and expert guidance—keeps them manageable.

What Happens After the Grant?

Once you’ve got the Grant of Probate, the real work begins. Use it to notify banks, building societies, and others to release funds or assets.

Sell property if needed, pay off debts and any remaining taxes, then distribute the estate to beneficiaries as the will directs.

This stage can take 3–6 months for simple estates, longer if there’s property to sell or disputes to settle.

Executors have a legal duty to act fairly and keep clear records—another reason expert help can be invaluable.