Hannah Davis, a Solicitor in our Private Client team, addresses some frequently asked questions about the legal process involved.
What is a Grant of Probate
A Grant of Probate is the legal document which confirms that the executors appointed in a person’s will have the authority to deal with their estate after they have died. Whether or not you need a Grant of Probate depends on the assets in the estate and how they were held.
Do I need a Grant of Probate?
One of the first things an executor needs to do when administering a deceased’s estate is to contact the relevant financial institutions to obtain the value of the deceased’s assets and liabilities.
The financial institutions should then confirm whether a Grant of Probate is required to close any accounts or encash any investments held with them, and this will largely depend upon the balance of funds in the deceased’s accounts or the value of any investments.
Each bank, building society and investment company sets their own maximum financial limit and where the balance or value of investment they hold exceeds that limit, they will require sight of a Grant of Probate before allowing the executor to close the account or to sell or transfer the investment.
In what instances might a Grant of Probate not be required?
You may not need to obtain a Grant of Probate if all assets are held jointly by the deceased and another person.
In these circumstances, unless there is an agreement between the parties which states otherwise, the rules of survivorship will apply. This means that the jointly held asset does not fall into the estate of the deceased to be disposed of in accordance with the terms of the will, but instead will automatically pass to the surviving co-owner.
This is illustrated in the example below.
If a bank account is held jointly by a husband and wife, when the husband passes away, the bank account will automatically be transferred into the wife’s sole name, without the need to obtain a Grant of Probate. The situation with property is similar, but advice should be taken to make sure how the property is held.
Whilst a Grant of Probate may not necessarily be required to sell a property held as “tenants in common” by the deceased and another person, a Grant of Probate will be required in order for the executor of the deceased’s estate to give valid receipt for the sale proceeds that are due to the estate.
It is important to note that whilst a Grant of Probate may not be required to deal with the distribution of jointly held assets, the value of those assets may still have an impact on the value of the estate for inheritance tax purposes and may therefore need to be declared to HMRC.
If the property is held in the sole name of the deceased, a Grant of Probate will always be required to sell, transfer or assent the property.
How long does it take to obtain the Grant of Probate?
The first stage in the process is to value the assets and liabilities of the estate. The gross and net value of the estate for probate purposes and for inheritance tax purposes will need to be ascertained and these figures might be different.
At this stage, the executors are entirely dependent upon third parties and their processing times, often it can take a few months for all the information to be collected.
If the estate has an inheritance tax liability, or a full Inheritance Tax account (form IHT400) is required to be submitted to HMRC for another reason, this will need to be dealt with prior to submitting the application for the Grant of Probate.
HMRC will review the IHT400 and will issue a unique code which then enables the executor to submit the application for the Grant of Probate. HMRC usually take around 20 to 25 working days to issue the unique code.
When the application has been lodged online with the Probate Registry, and the deceased’s original will has been sent to them, the Probate Registry can then take up to twelve weeks (correct as at January 2026) to issue the Grant of Probate.
The application can take much longer than this if it is stopped by the Probate Registry due to incorrect or missing information, or if it is a more complex or paper-based application.
Is there a time limit for applying for the Grant of Probate?
There is no time limit for applying for the Grant of Probate. However, if an executor chooses to delay making the application, this can have implications on the rest of the administration of the estate. It is therefore recommended to apply for the Grant of Probate as soon as all the information about the deceased’s assets and liabilities has been received.
Inheritance tax needs to be paid in full by the end of the six month anniversary of the date of death otherwise interest will accrue until it is paid in full. In some circumstances, Inheritance Tax can be paid in instalments, but interest will continue to accrue. The IHT400 form must be submitted to HMRC within twelve months from the date of death, otherwise penalties will be issued.
Can I expedite the Grant of Probate?
When the application has been submitted to the Probate Registry and they have received the original will (and any other documents they require), you are usually not permitted to chase for an update or request for the application to be expedited for at least a twelve week period.
If there are circumstances requiring a Grant of Probate to be issued on an urgent basis, the applicant may apply for a grant which is limited to deal with something specific, for example the sale of a property or business shares which had been agreed prior to the person’s death. This type of grant is intended to allow the executor or administrator to preserve the deceased’s estate.
For instance, if someone was in the process of selling their property and had exchanged contracts but passed away before the date of completion, a ‘Grant ad colligenda bona’ could be applied for to allow the executors to complete the sale of the property in the hope of avoiding being in breach of the sale contract and the resulting liabilities that would follow.
Do I need to instruct a solicitor to apply for the Grant of Probate, or can I do it myself?
An application to the Probate Registry can be made on a direct basis by the executor (or personal representative) of a deceased’s estate.
However, if information is incorrect or missing, the Probate Registry can stop the application, and this can delay the issuing of the Grant far beyond their current timeframe of twelve weeks.
If there is an unusual feature to the will, such as the will being signed, witnessed but not dated, or if the original will has been lost and the executor is seeking to rely on a copy will, further supporting evidence will need to be provided with the application.
It is therefore important to ensure that all the information provided is accurate, and that any additional documentation or evidence which is likely to be required for the application to be processed is included.
It is also important to ensure that the form IHT400 has been completed correctly, and with all available allowances claimed, so that any inheritance tax liability can be calculated accurately and paid by the deadline.
What happens if there is no Will?
If the deceased passed away without leaving a will, known as dying ‘intestate’, the estate’s personal representative(s) would need to instead apply for a Grant of Letters of Administration which appoints the applicant as the estate’s administrator.
There is an order of priority as to who can apply for a Grant of Letters of Administration, and the proposed applicant needs to ensure that there is no one else who has a higher priority than them to apply for the Grant.
Get in touch
The Private Client team at Sydney Mitchell can assist you in dealing with the administration of the estate, provide you with advice about specific parts of the process or we offer a “Grant Only” service whereby we can make the application to the Probate Registry for the Grant of Representation on your behalf.
To find out more contact our Private Client team on 0808 166 8860 or complete our online enquiry form.
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