Grant of Probate: What It Is and How to Apply in the UK

What the Grant of Probate Does

A grant of probate is the legal document issued by the Probate Registry in England and Wales that confirms a will is valid and authorises the executor to manage the deceased person's estate. Without it, banks, building societies, and land registries will not release assets or transfer property.

The US equivalent is letters testamentary. In Scotland, the equivalent is "confirmation." In Australia, you apply for a "grant of probate" through the state Supreme Court.

If there's no will, you apply for "letters of administration" instead — the process is similar, but you're appointed by the court as administrator rather than confirmed as the executor named in the will.

When You Need One

Not every death requires a grant of probate. You can often avoid it if:

• The estate consists entirely of jointly held assets that pass by survivorship
• The total value of individually held assets falls below the threshold banks will release without a grant (typically £5,000 to £50,000, depending on the institution)
• All assets pass through beneficiary nominations (life insurance, pensions)

In practice, most estates with a house, significant savings, or investments will need a grant.

How to Apply

Step 1: Value the Estate

Before applying, you need to know what the estate is worth. This means contacting every financial institution, getting property valuations, and calculating the total. You'll need these figures for the probate application and to determine whether an Inheritance Tax (IHT) report is required, even if no tax is due.

The standard nil-rate band is £325,000, with a residence nil-rate band of up to £175,000 in qualifying cases. Those thresholds alone do not determine the reporting route. For deaths on or after 1 January 2022, an excepted estate's values are reported in the probate application; if HMRC requires full estate details, file form IHT400 before applying for probate.

Step 2: Pay Any Inheritance Tax Due

Here's the catch that frustrates many executors: you normally have to start paying IHT before probate is granted, but the estate's bank accounts may be frozen until you have the grant. This creates a cash-flow gap.

Options for bridging it:

• Direct Payment Scheme: some banks and building societies will release funds directly to HMRC to pay IHT before the grant is issued
• National Savings certificates and premium bonds can be used to pay IHT directly
• A loan from beneficiaries or an executor's personal advance (reimbursed from the estate later)

Step 3: Submit the Application

Apply online through the HMCTS Probate Service or by post. You'll need:

• The original will (posted to the Probate Registry; it is retained and becomes a public record)
• A death certificate if the death occurred outside England and Wales, or an interim death certificate where one was issued
• The completed probate application form (PA1P for testate estates)
• The required inheritance-tax information or HMRC reference, depending on the estate's reporting route
• The application fee: £526 for estates valued above £5,000 (no fee for estates valued at £5,000 or less)

Step 4: Swear the Statement of Truth

As executor, sign the statement of truth in the current application form, confirming the information is accurate. Follow the current PA1P instructions for a postal application.

Step 5: Receive the Grant

The Probate Registry reviews the application and, if everything is in order, issues the grant of probate. You will usually receive it within 12 weeks, though applications needing more information can take longer.

You receive one copy with the application fee. Order extra copies for £2 each when you apply; additional copies ordered later cost £16 each. Institutions may keep the copy you send them.

Caveats: How Someone Can Block the Grant

Anyone with standing can file a caveat to temporarily halt the probate process. A caveat costs £4 and lasts six months, renewable. Common reasons: suspicion that the will is forged, that the testator lacked mental capacity, or that undue influence was involved.

If a caveat is filed, the executor can issue a "warning" — a formal challenge. The caveator then has 14 days to enter an "appearance" to make the caveat permanent. If they don't, the executor can have the caveat removed and proceed.

Timelines

Using the Grant

Once you have the grant, present it to banks, building societies, investment platforms, and the Land Registry. Each institution has its own process for releasing funds or transferring assets, but the grant is your universal key.

Keep detailed records of every transaction — the beneficiaries and HMRC can both request a full accounting of how the estate was managed.

The How to Read and Execute a Will toolkit walks executors through the probate application process across multiple jurisdictions — US, UK, Canada, and Australia — with checklists specific to each system.