Grant of probate: how to apply
A grant of probate gives you legal authority to manage a deceased person's estate. This guide explains who can apply, what documents you need, and how to submit your application online or by post.
This guide is for general information only. It is not legal, financial, or tax advice. Laws and figures can change. For decisions specific to your situation, speak to a qualified solicitor, accountant, or financial adviser.
What is a grant of probate?
A grant of probate is a legal document issued by the Probate Service that confirms you have the authority to manage a deceased person's estate. Without it, banks and other organisations will not release funds or transfer assets.
You need a grant of probate to sell property, access bank accounts, and distribute money to beneficiaries. Small estates under certain thresholds may not require probate.
Who can apply for probate?
You can apply for probate if you are named as the executor in the will. If there is no will or if the named executor cannot or will not apply, a close family member (spouse, child, parent, or sibling) can apply for letters of administration instead.
You must be at least 18 years old and mentally capable of managing the application.
When do you need a grant of probate?
You need probate if the estate exceeds certain thresholds. These thresholds vary depending on the type of asset and the organisation holding it.
As a general rule, if the deceased's estate was worth more than £5,000, a grant of probate may be required. Check with banks, building societies, and organisations holding assets to confirm whether probate is needed for your specific situation.
What documents do you need?
Before applying, gather the following documents:
- The original will and any codicils (amendments to the will).
- The death certificate (multiple copies, typically at least 2).
- Proof of the deceased's identity and address.
- Details of all assets (property, bank accounts, shares, business interests).
- Details of all debts (mortgages, loans, taxes).
- Bank statements and property valuations to establish the estate value.
- Details of any gifts made by the deceased in the seven years before death (relevant for inheritance tax).
- Evidence of any inheritance tax paid or due.
How to apply for probate online
The Probate Service offers an online application service through their website. To apply online, you need:
- A GOV.UK One Login account (the current government digital identity service). You can create one at gov.uk.
- All documents scanned and uploaded.
- Payment of the current probate fee (check gov.uk for the latest amount).
The online process is usually faster than applying by post. You can track your application and receive updates electronically.
How to apply for probate by post
If you prefer to apply by post, complete the paper forms (available from gov.uk or your local probate office) and submit them with all supporting documents.
Enclose the probate fee payment. Processing by post is typically slower than online, taking several weeks longer.
Address and contact details for your local probate office are on gov.uk.
Probate fees
There is a fee for applying for probate. The fee depends on the value of the estate. Check gov.uk for the current fee structure and thresholds, as these change periodically.
The fee is paid when you submit your application. Check gov.uk for the current refund policy, as fees are generally not returned if an application does not proceed.
Some estates are exempt from the probate fee. Check gov.uk to see if yours qualifies.
What happens after you apply?
After submission, the Probate Service will review your application. They may ask for additional information if anything is unclear or missing.
Once they are satisfied, they issue the grant of probate. This typically takes 4 to 8 weeks from submission, though it can take longer if the estate is complex or if there are delays in receiving supporting documents.
You will receive the grant of probate as a physical document. You will need to produce it to banks, insurance companies, and property registries to release assets and funds from the deceased's accounts.
What to do with the grant of probate
Once you have the grant, use it to:
- Access the deceased's bank and building society accounts.
- Sell property through the Land Registry.
- Transfer shares or investment accounts.
- Claim life insurance or pension benefits.
- Close utility accounts and settle final bills.
Organisations may ask to see the original grant. Keep it safe and, if needed, request certified copies from the Probate Service.
Getting help with your application
If you are unsure about any part of the process, a solicitor can prepare and submit your probate application on your behalf. This reduces the risk of errors and delays.
The Probate Service and Citizens Advice also offer guidance on completing applications and what documents you need.
Probate in Scotland and Northern Ireland
In Scotland, the equivalent process is called confirmation, which is handled by the Sheriff Court.
In Northern Ireland, the process is similar to England and Wales but applications go to the District Probate Registry.
Contact your local register office or Citizens Advice for guidance specific to Scotland or Northern Ireland.