When someone dies, their bank accounts get frozen and their property can’t be sold or transferred until one crucial document exists. What is a grant of probate? It’s the legal paperwork that gives an executor the authority to deal with a deceased person’s money, property, and possessions. Without it, banks, building societies, and the Land Registry simply won’t release assets, no matter how clear the will seems.
If you’ve been named as an executor, or you’re trying to work out why the estate seems stuck, understanding this document matters more than you’d think. It confirms the will is valid and confirms who has the legal right to act on the deceased’s behalf. Banks and other institutions rely on it before they’ll hand over a single penny, which is why estate administration grinds to a halt without it.
This guide walks through what the grant actually covers, when you need one (and when you don’t), how the application process works, and what happens once it’s granted. We’ll also touch on timeframes and costs, so you know what to expect before applying for probate, whether you’re handling a straightforward estate or something more complicated.
Why you need a grant of probate
Banks don’t take an executor’s word for it. Financial institutions need proof that you have the legal right to access a deceased person’s accounts, and that proof is the grant of probate. Without it, you can’t sell a house, close a savings account, or transfer shares, even if you’re named in the will and everyone agrees on what should happen to the estate.
A grant of probate is the key that unlocks a deceased person’s assets, and nothing moves until it’s issued.
When institutions insist on seeing it
Every organisation holding the deceased’s assets sets its own threshold for when it demands a grant. Smaller balances sometimes get released with just a death certificate and a signed form, but anything substantial triggers a formal request. Here’s a rough guide to what you’re likely to face:
| Asset type | Typical threshold requiring probate |
|---|---|
| Bank/building society accounts | Usually £5,000 to £50,000, varies by provider |
| Property in sole name | Almost always required |
| Shares and investments | Often required regardless of value |
| Life insurance (in trust) | Usually not required |
These figures aren’t fixed in law, so check with each institution directly. The government’s own guidance on applying for probate confirms there’s no single UK-wide threshold, which is why estates that look similar on paper can be handled very differently.
What happens if you skip it
Selling property without probate simply isn’t possible, since the Land Registry won’t register a transfer without proof of legal authority. Trying to distribute money or assets before the grant is issued also exposes the executor to personal liability if something’s later challenged, such as a missed debt or an unhappy beneficiary. Waiting for the grant might feel like unnecessary delay, but it protects everyone involved, including the person managing the estate.
How to apply for a grant of probate
Applying for a grant of probate starts with valuing the estate. Before you fill in a single form, you need to know what the deceased owned and owed, since HMRC and the probate registry both expect accurate figures. Once you’ve got that valuation, you’ll register the death for Inheritance Tax purposes (even if none is due) and then submit your application to the probate registry.
You can’t apply for probate before you’ve valued the estate, so start there and everything else follows.
The main steps
Most executors follow a similar path, whether they use a solicitor or go it alone through the government’s probate application service:
- Register the death and get the death certificate
- Value the estate’s assets and debts
- Report to HMRC and pay any Inheritance Tax due
- Complete the probate application (form PA1P if there’s a will)
- Send the original will and death certificate to the registry
- Pay the probate fee
- Wait for the grant to be issued
DIY versus using a solicitor
Handling probate yourself saves money but takes time, particularly if the estate includes property, foreign assets, or unclear beneficiaries. Solicitors charge either a fixed fee or a percentage of the estate, sometimes running into thousands of pounds. Straightforward estates with a clear will and modest assets are often manageable without professional help, but anything contested or complex usually justifies the cost.
What happens if there’s no will
Dying without a will doesn’t cancel the need for probate, it just changes the name and the rules. Intestacy rules kick in, deciding who inherits and, crucially, who has the right to apply for the grant. Instead of a grant of probate, the person taking charge applies for a grant of letters of administration, which does the same job of unlocking bank accounts and property but follows a strict legal order for who’s entitled to act.
Without a will, the law decides who inherits and who administers the estate, not the family’s wishes.
Who gets priority under intestacy rules
The intestacy rules set out a fixed pecking order, and it rarely matches what people assume. A spouse or civil partner usually comes first, followed by children, then parents, siblings, and more distant relatives if none of those exist. Unmarried partners, however long the relationship, have no automatic right to inherit or administer the estate under these rules, which surprises a lot of families. The government’s guidance on dealing with an estate when there’s no will sets out the full order clearly.
Why this matters for administration
Applying as an administrator involves the same estate valuation, HMRC reporting, and application process as a standard probate case, just with different paperwork (form PA1A instead of PA1P). The bigger issue is often working out who’s actually entitled to apply, especially in blended families or where relatives have lost touch. Disputes over entitlement can delay the process far longer than the paperwork itself, so establishing who qualifies early on saves considerable stress later.
How long probate takes and what it costs
Most straightforward estates take between six and twelve months from death to final distribution, though the grant itself often arrives within eight to sixteen weeks of submitting a complete application. Delays creep in when HMRC needs extra time to process Inheritance Tax, when the registry queries the paperwork, or when assets sit overseas and need separate valuation. If you’re waiting on a grant right now, patience genuinely helps more than chasing calls, since the registry works through applications in order regardless of how many times you ring.
Probate rarely finishes quickly, so plan around months rather than weeks.
Fees you’ll actually pay
The probate registry charges a flat application fee of £300 for estates worth over £5,000, with extra copies of the grant costing £1.50 each. That’s separate from any Inheritance Tax owed, which gets paid before the grant is issued, not after. Solicitor fees vary enormously, from a few hundred pounds for a simple application to several thousand for full estate administration, so always ask for a written quote before instructing anyone.
What pushes costs and timeframes higher
Certain circumstances reliably slow things down and add expense, and it helps to know them upfront:
- Property that needs valuing or selling before distribution
- Disputes between beneficiaries or unclear entitlement
- Assets held overseas
- Inheritance Tax forms requiring detailed valuations
- Missing or unclear wills needing legal interpretation
Knowing these triggers in advance means you can budget realistically rather than being caught out halfway through.
Making sense of the probate process
A grant of probate isn’t a formality you can skip or rush. It’s the document that unlocks everything, from bank accounts to property, and until it’s issued, an estate stays frozen no matter how willing everyone is to move forward. Knowing why you need it, how to apply, and what it costs turns a confusing process into a manageable checklist, even if you’re doing it without a solicitor.
If you’re dealing with probate alongside funeral arrangements, remember you don’t have to make everything complicated at once. Choosing a simple, affordable send-off can take one major decision off your plate while the paperwork runs its course. Direct cremation removes the pressure of organising a ceremony before you’re ready, and it costs far less than a traditional funeral. If that sounds like the right fit for your family, find out how our direct cremation service works and get a clear price before you decide anything else.