What Is a Grant of Probate? England Explained

If you've been named executor of an estate, you'll hear the phrase "grant of probate" within the first few days. Most people nod along and then quietly panic later trying to work out what it actually is, why they need it, and how long it takes to get one.

Here is a plain-English explanation — including the parts official GOV.UK pages leave out.

What a Grant of Probate Actually Is

A Grant of Probate is a legal document issued by HM Courts and Tribunals Service (HMCTS) that confirms two things:

1. The will submitted to the court is the deceased's valid last will.
2. The person named as executor is authorised to deal with the deceased's estate.

Banks, HM Land Registry, investment platforms, pension providers, and insurance companies will not release assets held in a deceased person's sole name without this document. It is the key that unlocks the estate — and without it, accounts remain frozen indefinitely.

The equivalent document when there is no will is called Letters of Administration, applied for using Form PA1A rather than Form PA1P. The principles are identical; only the name and the form change.

When You Need One — and When You Don't

Not every estate requires a grant. The Administration of Estates (Small Payments) Act 1965 technically allows institutions to release up to £5,000 without one, but in practice, high street banks set their own internal thresholds — often much higher. Barclays, NatWest, and Santander will typically release up to £50,000 upon an indemnity form, while Lloyds and Halifax apply a £50,000 limit only where a valid will exists. NS&I applies limits of £5,000–£15,000 depending on circumstances.

If the estate's assets are entirely held in joint names — a joint bank account, a jointly owned home as joint tenants — everything passes directly to the survivor without probate. The surviving owner updates HM Land Registry using Form DJP (Deceased Joint Proprietor) and presents death certificates to banks to close the deceased's portion.

You will almost certainly need a grant if:

• The deceased owned property in their sole name, or as tenants in common
• Any single financial institution holds more than its internal release threshold
• The estate includes shares held on a share register (not in an ISA wrapper)
• A life insurance policy is not written in trust

If the deceased owned a house in sole name, probate is required regardless of the property's value.

The Two Types of Grant

Grant of Probate — issued when there is a valid will. Applied for using Form PA1P, or via the online MyHMCTS portal.

Letters of Administration — issued when there is no will. Applied for using Form PA1A, or online. The estate is then distributed according to England's intestacy rules rather than testamentary directions.

There is also a hybrid: Letters of Administration With Will Annexed, used when a will exists but no executor is named, or all named executors are deceased or incapable of acting.

How to Get a Grant of Probate: The Sequence

The probate application is step five or six in the process, not step one. Filing too early is one of the most common reasons applications get stuck.

1. Register the death and obtain death certificates. Buy multiple official copies at registration — you will need them for every financial institution, HM Land Registry, and the probate application itself.

2. Notify government using Tell Us Once. The registrar provides a reference number. This single service notifies the DWP, HMRC, DVLA, and the local council simultaneously.

3. Locate the original will. It must be submitted to the Probate Registry in pristine condition — do not remove staples, attach paperclips, or write on the document. HMCTS examiners check for staple holes and indentations that might indicate a removed codicil.

4. Value the estate. You need a complete inventory of all assets (bank balances as at the date of death, property valuations, investment values) and all liabilities (mortgages, loans, credit cards, utility arrears).

5. Submit inheritance tax reporting. If the estate is below £325,000 (or below £650,000 if inheriting from a spouse), it may qualify as an "excepted estate" and no IHT return is required — you declare values within the online probate portal itself. If the estate is not excepted, you must file Form IHT400 with HMRC and then wait exactly 20 working days for HMRC to process the data before applying for probate. Applying before that window has passed is a leading cause of applications being moved to the HMCTS "stop" queue, which adds 4–6 weeks.

6. Submit the probate application. Online via MyHMCTS is strongly recommended — digital applications typically clear in 2–4 weeks. Paper applications (PA1P or PA1A to Newcastle or Cardiff Probate Registry) average 13–16 weeks. The current application fee is £300 for estates over £5,000, proposed to rise to £526 in July 2026.

If you want a complete walkthrough of the application form itself — including how to handle co-executors, name mismatches, and missing documents — the England Probate Process Guide sets out the entire sequence with pre-submission checklists.

What Happens After the Grant Is Issued

Once HMCTS issues the sealed grant, you distribute official copies to each asset holder — typically one copy per financial institution. Banks release funds to the estate account; HM Land Registry accepts the transfer documents; pension administrators process lump sum payments to beneficiaries.

Before paying beneficiaries, however, you must:

• Place a Section 27 Notice in The Gazette and a local newspaper (approximately £102.50 + VAT). This runs for two calendar months and protects you from personal liability if an unknown creditor surfaces after distribution.
• Confirm that inheritance tax, income tax, and any capital gains tax on estate assets have been settled with HMRC.
• Settle all known debts in the correct order (secured creditors first, unsecured last).

Only after those steps is the residue safe to distribute.

Common Mistakes That Delay the Grant

Over 20% of probate applications are halted by HMCTS due to preventable errors. The most frequent:

Applying before HMRC has synchronised. If you filed an IHT400 and submit to HMCTS the following week, the systems will not match. Wait 20 working days from HMRC acknowledgment.

Sending a damaged will. Any mark on the original that cannot be explained triggers a demand for an Affidavit of Plight and Condition, which must be sworn before an independent solicitor.

Name inconsistencies. If the executor's legal name on the application differs from how it appears in the will (marriage, deed poll), the discrepancy must be explained with supporting certificates.

Wrong form. PA1P is for estates with a will. PA1A is for intestacy. Submitting the wrong form delays the process by weeks.

How Long Does It Take?

For a straightforward online application: 2–5 weeks from submission to receiving the sealed grant.

For a paper application or any application that triggers manual review: 13–16 weeks, and sometimes longer. The total estate administration from death to final distribution typically runs 9–18 months.

If the estate involves property, multiple financial institutions, and inheritance tax, plan for the upper end of that range.

What to Do Now

If you're an executor and haven't started yet, the most important first step is understanding whether the estate needs a grant at all — and if it does, exactly what sequence of actions to take before applying.

The England Probate Process Guide covers the full timeline, the bank threshold matrix, IHT excepted estate rules, the pre-submission error checklist, and the distribution steps after the grant arrives. It is designed specifically for DIY executors in England who want to navigate HMCTS and HMRC without paying thousands in solicitor fees.

See more England guides →