What Is a Grant of Probate?

When someone dies, dealing with their estate which includes everything they owned from money to property can feel overwhelming. In many cases, you’ll need something called a Grant of Probate before you can access or transfer their assets.

Here’s what you need to know.

A Grant of Probate is an official document issued by the Probate Registry. It confirms that the executor named in the deceased’s will has the legal authority to deal with their estate.

With a Grant of Probate, the executor can:

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●  Access funds in bank and building society accounts

●  Collect, transfer or sell investments and shares

●  Transfer or sell property such as the deceased's home

●  Distribute assets to the beneficiaries named in the will

Without this document, most financial institutions and the Land Registry will not release or transfer assets.

When Do You Need a Grant of Probate?

You don’t always need a Grant of Probate. For smaller estates, banks and building societies often release funds without it, as long as the total balance is below their set threshold.

However, a Grant of Probate is usually required if:

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●  The person who died owned a house, flat, or land in their sole name (and where they owned a distinct share in a property jointly owned with someone else)

●  They held shares or investments in their sole name

●  They had ISAs or other accounts in their sole name

Essentially, if the estate includes significant assets that aren’t jointly owned, you’ll almost certainly need probate. Even some jointly owned property will still require a grant of probate.

What If There Isn’t a Will?

If the person who died didn’t leave a valid will, the process is slightly different. Instead of a Grant of Probate, you’ll need Letters of Administration. This gives the next of kin the legal authority to deal with the estate. Who is regarded as next of kin for this purpose is set out in probate rules called the "intestacy rules" and you may well need advice about this before you start trying to sort out an estate to ensure you are actually entitled to do it.

Why Getting Probate Right Matters

Applying for probate can be complex, especially when dealing with property, tax, or family disputes. Mistakes can delay the process and increase costs and Inheritance Tax at an already stressful time. Getting advice from a solicitor ensures everything is done properly and that the estate is distributed according to the law and the wishes of the person who has died.

Speak to Us

At Marsons Solicitors, we help families through every step of the probate process. Whether you need to apply for a Grant of Probate or you’re unsure whether it’s required in your circumstances, we can guide you with clear, practical advice.

Contact Beth King on 020 8313 1300 or email beth.king@marsons.co.uk to find out how we can help. In the meantime, why not follow us on Facebook, Instagram, X (Twitter) and LinkedIn to keep up to date with our latest news and updates.

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