What Is a Grant of Probate and When Do You Need One?

When someone close to you dies, you can find yourself facing unfamiliar legal language at the worst possible moment. "Grant of probate" is one of the phrases that comes up again and again, and it is rarely explained clearly. A grant of probate is the official document, issued by the Probate Registry, that proves an executor has the legal authority to deal with a deceased person's money, property and possessions. This guide explains what that document does, how it differs from letters of administration, and when you need one in England and Wales.

What a grant of probate actually is

A grant of probate is a single A4 document, sealed by the court, that names the deceased, names the executor (or executors) appointed in the will, and confirms the will is valid. Its legal effect is to give those executors formal authority to step into the deceased person's financial shoes: to close accounts, sell or transfer property, cash in investments, settle debts, and pass what is left to the people named in the will.

Think of it as a key. The will says who should be in charge and who should inherit, but until the grant is issued, an executor often cannot prove their authority to the organisations holding the assets. The grant is the proof those organisations ask to see before they let anyone touch the money.

Grant of probate vs letters of administration

This is the distinction that trips most people up. Both documents do the same job: they give someone legal authority to deal with an estate. Which one you apply for depends entirely on whether the person left a valid will.

There is also a third, less common type: "letters of administration with the will annexed". This is used where there is a valid will but nobody is able or willing to act as the named executor, so someone else applies instead. The umbrella term for all three is a grant of representation, but in everyday conversation people call the whole process "getting probate", whichever document applies.

When you need a grant

Not every estate needs a grant of probate. One of the most useful things Aaron can tell a worried family is that they may not have to go through the full process at all. Whether you need one depends less on whether there was a will and more on what the deceased owned and how it was held.

• You will usually need a grant when the estate includes a property held in the deceased's sole name, or substantial savings, shares or investments. Most banks set their own threshold above which they insist on seeing the grant before releasing funds.
• You often will not need a grant when everything was jointly owned with a surviving spouse or partner as "joint tenants", because those assets usually pass automatically by survivorship, or where the estate is small and held in modest accounts.
• It depends when the estate is a mix. A single bank may release a modest balance without a grant but require one for a larger sum, so the answer can vary asset by asset.

Because each bank and asset-holder sets its own limit, there is no single national figure that says "below this, no grant needed". The practical approach is to list every asset, then write to each institution and ask what they require. If you would rather not work through that yourself, Aaron can help you weigh up the threshold question for your estate.

What the grant does not do

It is easy to assume that once the grant arrives, the job is done. In reality the grant is the starting gun, not the finish line. It confirms authority, but it does not settle anything on its own.

• It does not pay the deceased's debts. The executor still has to identify and settle what is owed before anyone inherits.
• It does not deal with inheritance tax. Where tax is due, it generally has to be addressed before the grant is issued, not after.
• It does not protect the executor from personal liability. Executors can be personally liable, which is why many place statutory notices under section 27 of the Trustee Act 1925 before distributing.
• It does not divide the estate. Working out who gets what, and transferring it correctly, all comes after the grant.

How you apply, and what it costs

The process follows a fairly settled path. The figures below are the official court charges, which are the same wherever in England and Wales you apply.

Ordering several copies of the grant is a small but useful tip. Copies cost £2 each if you order them with the application, or £16 each afterwards, so it pays to order enough at the start. A handful of copies lets you send the document to the bank, the share registrar and the Land Registry at the same time, rather than waiting for one to return it before approaching the next.

Families often arrive braced for a long, expensive ordeal. Half the time the most useful thing I can do is explain why, in their case, the process is simpler than they feared.

Talk it through with someone local

Understanding what a grant of probate is should take some of the fear out of an unfamiliar process, but you do not have to work through it alone. Aaron Johnson is a Consultant Solicitor and TEP (a Trust and Estate Practitioner qualified through STEP). He handles probate for fixed fees, and the full list, with VAT, is on the fees page, whether you want help with the whole estate or just the grant itself. He works with families across Bridlington, Driffield, Filey, Hornsea, Beverley, Bempton, Flamborough and the wider East Riding, from the coast to the Wolds, and home visits are available if getting out is difficult. The first call is free and there is no obligation, so you can find out where you stand before deciding anything.