Grant of Probate Explained

A grant of probate is the official court document that confirms the executors named in a will have legal authority to deal with the estate of someone who has died. Banks, pension providers and the Land Registry generally ask to see it before they release money or transfer property.

It is issued in England and Wales by HM Courts & Tribunals Service after an application, and only where there is a valid will. Where there is no will, the equivalent document is called letters of administration. This page explains what the grant is, what it lets an executor do, who can apply, and how to get one. It sits within our wider estate planning guide, and complements our overview of What Is Probate? Figures are current as at July 2026 and are subject to change.

What is a grant of probate?

A grant of probate is an official document from the court that confirms a will is valid and that the named executors have the right to administer the estate (gov.uk, applying for probate, as at July 2026). It does not decide who inherits, that is set by the will itself. Instead it proves an executor's authority to organisations holding the deceased's money and property, so those assets can be gathered in, debts settled, and the estate passed on.

What does a grant of probate let you do?

The grant does nothing on its own, but it gives an executor the legal standing to act. Once it is issued, an executor can generally close accounts, sell or transfer property, claim in pensions and life policies that form part of the estate, and pay any debts. Most organisations will not deal with the executor until they have seen the grant, which is why obtaining it is often the first practical step in administering an estate.

• Access accounts. Banks and building societies usually release funds only once shown the grant, above their own limits.
• Deal with property. The Land Registry generally needs the grant before a home in the sole name of the deceased can be sold or transferred.
• Collect and settle. The executor can gather assets, pay debts and any tax, then distribute what remains to the beneficiaries.

Who can apply for a grant of probate?

Only the executors named in a valid will can apply for a grant of probate (gov.uk, as at July 2026). Where there is no will, or no executor is able or willing to act, a close relative or main beneficiary applies instead, and the document is letters of administration rather than a grant of probate. Up to four executors can apply, and they take on personal responsibility for administering the estate correctly, so many people choose to take advice before starting.

Based on gov.uk/applying-for-probate, as at July 2026, subject to change.

Probate and the grant of probate: what is the difference?

People often use "probate" and "grant of probate" to mean the same thing, but they are not identical. Probate is the wider process of dealing with someone's estate after death. The grant of probate is the single court document that gives an executor the authority to carry out that process. In everyday use, applying for probate means applying for the grant. Our guide asking whether you need probate covers when the process is required at all.

How long does a grant of probate take?

There is no fixed timetable. Once an application is submitted, the court's processing time varies, and the wider job of gathering the estate, settling debts and dealing with any inheritance tax often takes longer than the grant itself. Estates with property to sell, tax to pay, or disputes among beneficiaries generally run longer. Any inheritance tax usually has to be reported, and often paid or arranged, before the grant is issued, which can add time at the start.

Inheritance tax and the grant

Inheritance tax and the grant are linked but separate. The estate's value is reported to HMRC before a grant is issued, and where tax is due it often has to be paid, or an arrangement made, first. The standard inheritance tax rate is 40%, charged only on the part of an estate above the available tax-free thresholds, with a reduced rate of 36% where at least 10% of the net estate is left to charity (gov.uk, as at July 2026, subject to change). Married couples and civil partners can usually pass assets to each other free of inheritance tax, and unused thresholds can transfer to the survivor.

Source: gov.uk/inheritance-tax. These thresholds are frozen until the end of the 2030-31 tax year (5 April 2031) (gov.uk), subject to change.

When is a grant of probate not needed?

A grant is not always required. Whether one is needed depends on what the estate holds and how it was owned, rather than on the will alone. Assets held jointly as joint tenants, such as a shared home or joint bank account, generally pass automatically to the surviving owner by survivorship, outside the grant (gov.uk, as at July 2026). Some banks also release modest balances without a grant, each setting its own limit. A grant is more likely where the person owned property in their sole name or held larger sums with a single provider.

Grant of probate in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland does not use a grant of probate at all: the equivalent is confirmation, granted by the sheriff court, and Scottish succession law can give a spouse and children fixed legal rights to a share of an estate. Northern Ireland has a separate system that is broadly similar to England and Wales, with its own probate office and grant. If an estate touches more than one UK nation, it can be worth taking advice in each.

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