Grant of Probate

8 JULY 2025 12:25

A Grant of Probate is a legal document which is obtained from the Court which confirms the legal authority given to an Executor of a Will, to act in the administration of an estate. If the deceased did not hold a Will, Letters of Administration can be applied for by the most ‘entitled person’ e.g. the closest living relative. Both of these documents give legal authority to deal with assets in the deceased’s estate. For example, to close bank accounts, sell shares and sell property.

It is important to note that a Grant of Representation is not always required. The person who died may not need probate if they:

• only had a small amount of savings
• owned shares or money jointly with others - this automatically passes to the surviving joint owner(s) unless they’ve agreed otherwise
• owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

 Before applying for probate, you will need to establish the value of the deceased’s estate by going through their assets and liabilities. In order to do this, various institutions will need to be contacted such as banks, pension providers, Department for Work and Pensions, utility providers and more. If the estate includes a property, then this will need to be valued as well, often by obtaining valuations from 3 estate agents or a surveyor.

Once the value of the estate has been established, you will need to determine whether Inheritance Tax is payable on the estate, and you will need to fill out probate and inheritance tax forms. Once these forms have been completed, you can apply for probate. The current probate application fee in England and Wales is £300.00 and additional copies of the grant can be obtained for £1.50 each. The forms are then sent off to the Probate Registry along with the original Will (if there is one) to be processed.  If there is potential Inheritance Tax to pay, a more complex form called an IHT400 will need to be completed, and this is then sent to HMRC.

The grant can take between a few days to a few months to arrive but once probate has been granted, you are able to collect the deceased’s assets, pay any liabilities and administer the estate.

If you require any advice regarding the process of obtaining probate, you can contact our Wills & Probate Department at Gomer Williams & Co on 01554 755101 

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