What is a Grant of Probate?

18 September 2025

When someone close to you dies, you’re suddenly thrown into a world of legal terminology that nobody prepared you for.

You keep hearing solicitors and banks mention something called a “Grant of Probate,” but what does it actually mean? The confusion is completely understandable – you’re dealing with grief whilst facing mounting pressure to sort out financial matters and meet deadlines you didn’t even know existed.

Banks won’t release funds, property can’t be sold, and everyone seems to assume you know what you’re doing.

Meanwhile, inheritance tax deadlines loom and estate expenses continue mounting. You might be wondering if you’re personally liable for costs or whether there’s any way to access funds whilst waiting.

Understanding exactly what a Grant of Probate is removes much of this anxiety. It’s not as complicated as it sounds, and knowing the process helps you make informed decisions about getting professional help and managing any financial challenges that arise. Let’s break it down in straightforward terms.

What Exactly Is Probate?

Probate is the legal process that validates a will and gives someone official authority to deal with a deceased person’s estate.

When someone dies, their possessions, property, and money don’t automatically transfer to family members – even with a clear will.

The probate process involves submitting the will to the Probate Registry along with a death certificate and estate valuation. The court then reviews everything to confirm the will is legally valid and the named executors have the right to act.

Once satisfied, the court issues either a Grant of Probate (when there’s a valid will) or Letters of Administration (when someone dies without a will). This official document proves to banks and other institutions that you have legal authority to access accounts and transfer assets.

The entire system exists to protect everyone involved.

It prevents fraud, ensures debts are paid before assets are distributed, and gives beneficiaries confidence that the estate is being handled correctly. Without probate, financial institutions would have no way of knowing whether someone has the legal right to represent an estate.

Understanding the Grant of Probate

A Grant of Probate is simply a court-issued document that gives you legal authority to deal with a deceased person’s estate.

Think of it as your official permission slip – without it, you’re essentially locked out of their financial affairs, regardless of your relationship to them or what their will says.

When someone dies, their assets become legally frozen. This isn’t banks being difficult – it’s actually a protection mechanism that prevents unauthorised access to someone’s money and property.

Even if you’re named as executor in their will, that document alone doesn’t give you the power to access bank accounts or sell property.

What Legal Authority Does It Provide?

The Grant of Probate changes this situation by providing court-backed proof that financial institutions must accept.

It confirms that you have the legal right to act on behalf of the estate and make financial decisions according to the will’s instructions.

If someone died without a will, you’ll need something called Letters of Administration instead. This serves exactly the same purpose but covers situations where there’s no will to guide the distribution of assets. Both documents are forms of what lawyers call a “grant of representation.”

This system exists to protect everyone involved by ensuring only the right people can access estate assets, preventing fraud, and giving beneficiaries confidence that the estate is being handled properly.

When You Actually Need a Grant of Probate

This is where it gets more interesting – you don’t always need probate.

Whether you need it depends entirely on what the deceased person owned and how they owned it.

Assets That Require Probate

You’ll definitely need probate for:

Property in their sole name worth over £5,000
Bank accounts above certain thresholds (varies by institution)
Stocks and shares
Business interests
Life insurance policies where they were the policyholder

Different banks set different thresholds – some release funds at £15,000, others require probate for amounts over £50,000.

Assets That Don’t Need Probate

Several types of assets pass automatically without any need for probate:

Property owned as joint tenants transfers directly to the surviving owner
Joint bank accounts transfer to the survivor (banks need the death certificate)
Life insurance policies with named beneficiaries pay out directly
Pension death benefits with nominated recipients

Joint Ownership Can Be Confusing

The confusion often comes with joint ownership structures.

Joint tenancy means automatic transfer, but tenancy in common requires probate to transfer the deceased’s share. If you’re unsure which applies, the property deeds or account documents should clarify this.

For smaller estates, many banks and building societies have their own policies about releasing funds without probate. Some will pay funeral expenses or small amounts to help with immediate costs. However, they’re not obliged to do this.

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The Application Process and Timeline

Applying for probate follows a logical sequence, though it requires attention to detail and patience. You’ll start by registering the death and gathering multiple death certificates – you’ll need these for various institutions.

Estate Valuation Requirements

The estate valuation stage involves getting property assessments/valuations and gathering statements for all financial accounts. You’ll also need to identify all debts and calculate ongoing expenses during the probate period.

Once you have complete financial information, you’ll need to complete inheritance tax forms. For estates above the current threshold of £325,000 (plus potential additional allowances), you’ll need to pay inheritance tax within six months of death. This is often before probate is granted.

Submitting Your Application

The actual probate application goes to the Probate Registry along with the original will, death certificate, and tax forms. Current court fees are reasonable for most estates, but you’ll want additional certified copies as many institutions require original documents.

Most straightforward estates take between six and twelve months to complete, though complex situations can take much longer. Factors that slow things down include property sales, family disputes, missing documentation, or complex asset structures like business interests or overseas property.

What You Can and Cannot Do While Waiting

Understanding what you can access immediately helps reduce financial pressure whilst probate progresses.

Small amounts in bank accounts might be released for funeral expenses, and joint accounts remain accessible to surviving account holders.

However, the main estate assets remain frozen. You can’t sell property, access sole bank accounts above the institution’s threshold, or liquidate investments. This creates genuine cash flow challenges, especially when estate expenses continue mounting.

Your Responsibilities as Executor

As executor, you’re responsible for preserving estate assets, which means maintaining property insurance, paying utility bills, and ensuring security systems remain active.

These costs can be significant over a twelve-month probate period, particularly for larger properties or multiple assets.

The six-month inheritance tax deadline creates particular pressure. HMRC doesn’t wait for probate completion – if inheritance tax is due, you must find funds to pay it or face penalties and interest charges.

You’re generally not personally liable for estate debts if you follow proper procedures, but this doesn’t help with immediate cash flow needs when estate funds remain inaccessible.

Probate Loans – Bridging the Financial Gap

Probate loans exist specifically to solve the cash flow challenges that arise during estate administration. These aren’t standard loans – they’re secured against the deceased’s estate rather than anyone’s personal assets.

How Probate Loans Work

You can borrow between 25% and 50% of your expected inheritance, with funds often available within days of approval. The loan is repaid directly from your inheritance when probate completes, with interest accumulating during the term but no monthly payments required.

The key advantage is that there’s no credit check or income verification needed. Since the lender’s security comes from the estate value rather than your personal circumstances, your credit history is irrelevant.

Who Might Need a Probate Loan

Executors often use executor loans to pay inheritance tax within HMRC’s deadline, avoiding penalties whilst preserving their personal savings. They’re also useful for covering ongoing property maintenance, professional fees, or essential estate expenses during the lengthy probate process.

Beneficiaries might need early access to funds if they were financially dependent on the deceased or face hardship whilst waiting for inheritance. Rather than borrowing against personal assets, a probate inheritance loan provides access to money that’s rightfully theirs – just earlier than the legal process allows.

Taking the Right Next Steps

A Grant of Probate provides essential legal authority to deal with someone’s estate, but the process takes time and creates predictable financial challenges.

Understanding this helps you plan ahead and make decisions about professional support.

Whether you need probate depends on what assets the deceased owned and how they owned them. Small estates or those with mainly joint assets might avoid probate entirely, but larger or more complex estates will need to go through the full process.

The six to twelve-month timeline means you need to consider cash flow implications early. If inheritance tax is due, property needs maintaining, or you need early access to inheritance funds, exploring your options before problems arise makes much more sense than scrambling when deadlines loom.

Professional guidance from both legal and financial specialists can save time, reduce stress, and often prove cost-effective compared to handling everything yourself.

Getting initial advice about both the probate process and potential funding solutions gives you the information needed to make confident decisions during a difficult period.

Frequently Asked Questions

A Grant of Probate gives the executors legal authority to access bank accounts, sell property, close investments, and distribute assets according to the will. Without it, financial institutions won’t release funds or transfer assets, regardless of what the will says.

Most straightforward probate applications take 6-12 months from start to finish. Complex estates with business interests, property sales, or family disputes can take 18 months or longer.

Grant of Probate is issued when there’s a valid will naming executors. Letters of Administration are granted when someone dies without a will or when executors can’t act. Both documents provide the same legal authority to deal with the estate.

Generally no.

Some banks release small amounts for funeral expenses or immediate needs, but this varies by institution. Joint accounts remain accessible to surviving account holders, and some assets like life insurance pay out directly to named beneficiaries.

If the estate is insolvent (debts exceed assets), you’ll need specialist legal advice. There are specific rules about which debts get paid first, and you must be careful not to make the situation worse by incorrect actions.

No, you cannot legally sell property that’s in the deceased’s sole name until probate is granted. The property remains frozen until you have the legal authority to act. Joint properties may transfer automatically to the surviving owner.

You’ll need the original will, death certificate, completed probate application form, inheritance tax forms, and professional valuations of significant assets. The Probate Registry may request additional documentation depending on the estate’s complexity.

Yes, probate loans are commonly used to pay inheritance tax within HMRC’s 6-month deadline. This prevents penalties while avoiding the need to use personal savings or arrange complex payment plans with HMRC.