Can I sell a property before probate is granted?

You can market a property and accept an offer before probate is granted, but you cannot legally complete the sale until you have received the grant of representation. HM Land Registry will not register a transfer without seeing the grant.

What is the difference between a Grant of Probate and Letters of Administration?

A Grant of Probate is issued when the deceased left a valid will and there is an executor named in it who is willing to act. Letters of Administration are issued when the deceased died without a valid will, or when there is no executor available or willing to act. Both documents give legal authority to administer the estate and are types of grant of representation.

Do I need a solicitor to apply for a grant of representation?

No. You can apply for a Grant of Probate or Letters of Administration yourself using the HMCTS online probate service at apply-for-probate.service.gov.uk. However, for complex estates, those with significant Inheritance Tax, or those involving disputes, professional help from a solicitor is often worthwhile.

Is there a deadline to apply for probate?

There is no statutory deadline for applying for probate in England and Wales. However, Inheritance Tax must be paid within six months of the end of the month in which the death occurred, and you generally cannot access estate funds to pay it until probate is granted. Delays therefore have practical and financial consequences. Applying as soon as reasonably possible is advisable.

What if I make an error on the probate application?

Minor errors can often be corrected by contacting the Probate Registry. More significant errors may require a fresh application or, in some cases, an application to rectify the grant. If you discover an error after the grant has been issued and assets have been distributed on the basis of that error, take legal advice immediately.

Can an executor renounce their role?

Yes. An executor can renounce their role by signing a formal renunciation document. This must be done before the executor has taken any steps to administer the estate (known as intermeddling). Once an executor has intermeddled, they cannot renounce without the court's permission. A renouncing executor should seek legal advice.

What is a grant of representation and do you need one?

A grant of representation is the legal document that authorises someone to deal with a deceased person's estate. This guide explains the two main types, when you need one, and how to apply.

What is a grant of representation?

A grant of representation is the umbrella term for the court documents that give someone legal authority to administer a deceased person's estate. There are two main types:

Grant of Probate. Issued when the deceased left a valid will and there is an executor named in the will who is willing and able to act. The grant confirms the executor's authority.
Letters of Administration. Issued when the deceased died without a valid will (intestate), or when there is no executor available or willing to act. The person appointed is called an administrator rather than an executor.

Both documents have the same practical effect: they allow banks, investment providers, HM Land Registry, and other institutions to release assets and transfer property to the person named in the grant.

When you need a grant of representation

You will almost certainly need a grant if the estate includes:

Property registered in the deceased's sole name.
Bank or savings accounts above each institution's internal threshold (typically £5,000 to £50,000, varying by bank).
Shares or investments held in the deceased's own name.
Premium Bonds above £5,000.

You may not need a grant if:

All significant assets were held jointly and pass by survivorship.
Life insurance or pension benefits pass directly to a named beneficiary.
The total solely owned assets are below each institution's small estate threshold.

Always check with each institution individually. Their thresholds and requirements differ and are not published consistently.

Documents needed to apply for a Grant of Probate

To apply for a Grant of Probate using the HMCTS online service or by post, you will need:

The original will (and any codicils). The Probate Registry keeps the original permanently.
The original death certificate or a certified copy.
Completed HMRC Inheritance Tax forms. For estates where no IHT is due, this is typically the IHT205 (for deaths before 1 January 2022) or an online submission for later deaths. For estates where IHT is due, it is the IHT400.
The completed PA1P probate application form (PA1A if there is no will).
The probate registry fee of £273 for estates over £5,000 (as of May 2026; court fees change periodically — verify the current fee at gov.uk/court-fees before applying).

Note: the IHT205 was abolished for deaths occurring after 1 January 2022 in England and Wales. For those deaths, the estate is reported directly to HMRC as part of the online probate application. HMRC form requirements and thresholds are subject to change — always verify current requirements at gov.uk/valuing-estate-of-someone-who-died before filing.

The application process

You can apply online at apply-for-probate.service.gov.uk or by post. The online service is generally faster. Once submitted:

The Probate Registry reviews your application and supporting documents.
If everything is in order, the grant is issued and sent to you, along with any additional office copies you have requested (at £1.50 per copy).
You use the grant (and office copies) to contact institutions, collect assets, pay debts, and ultimately distribute the estate.

Processing times vary. At quieter periods, straightforward applications may be processed in eight weeks. At peak periods, it can take sixteen weeks or more. The most common cause of delay is an incomplete application.

Scotland and Northern Ireland

In Scotland, the equivalent of a grant of representation is called Confirmation. It is issued by the Sheriff Court in the area where the deceased lived. The process and forms differ from England and Wales.

In Northern Ireland, probate is handled by the Probate Office in Belfast, and the process is similar to England and Wales but with some differences in forms and procedures.

If the deceased had assets in more than one jurisdiction, you may need to obtain a grant in each. Take specialist advice if this applies.

What happens if a grant is revoked?

In rare cases, a grant can be revoked after it has been issued. This can happen if: a later will comes to light, the original grant was obtained by fraud or mistake, or the executor is found to be unsuitable. If a grant is revoked, any actions taken under it may need to be unravelled. Institutions that relied on the revoked grant in good faith are generally protected.

Common mistakes when applying

Submitting a photocopy of the will instead of the original. The Probate Registry requires the original signed will. Certified copies are not accepted.
Undervaluing the estate. If the estate later appears larger than declared, HMRC may investigate and additional IHT may be due.
Not completing all IHT forms before applying. Probate cannot proceed until HMRC requirements are met.
Ordering too few office copies of the grant. Each bank or institution typically requires its own copy. Under-ordering means delays while you request more.
Failing to notify all relevant institutions. Accounts and assets that are not collected may remain unclaimed indefinitely.