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

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A Grant of Probate is a court-issued document that gives executors legal authority to collect assets, pay debts and distribute the estate. Without it, most banks, HMRC and the Land Registry will not act.

What Is a Grant of Probate?

A Grant of Probate is a legal document issued by the Probate Registry (part of HMCTS). It confirms the deceased's Will is valid and that the named executors have authority to administer the estate. Without it, most institutions will not release assets or transfer property.

💡 Letters of Administration is the equivalent document when someone dies without a Will. The applicant is a next of kin rather than a named executor. The process is similar.

When Do You Need a Grant of Probate?

You almost always need one if the deceased owned property in their sole name, had bank accounts above a certain threshold, or held shares or investments solely. Each institution sets its own threshold — typically £5,000 to £50,000.

You may not need probate if all assets were jointly owned (passing by survivorship), or the estate is very small.

The Probate Application Process

StepActionTypical time
1Value all assets and liabilities2–4 weeks
2Complete HMRC inheritance tax forms2–4 weeks
3Pay any IHT due1–2 weeks
4Submit probate application to HMCTS1 day
5HMCTS processes application8–16 weeks
6Grant issued — administration begins—

How Much Does It Cost?

The HMCTS court fee is £526 for estates over £5,000. Additional certified copies cost £2 each — you typically need 4–6. ClearLegacy handles the entire process for a fixed fee (launching soon) — no percentage of the estate.

Sources & references

Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.

Fixed Fee Probate — launching soon

We handle everything from valuation to distribution. No percentage fees.

Probate — launching soon

Can I apply for probate myself?

Yes — directly via gov.uk. However, errors in IHT submission or the application can cause significant delays and penalties. Professional preparation reduces this risk considerably.

Related Guides

Legally valid in England & Wales when signed and witnessed correctly · Built around the Wills Act 1837

E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change, and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.

Once you understand this, the next step is putting a legally valid Will in place.

ClearLegacy offers fixed-fee online Wills from £89 — drafted from a structured questionnaire and checked by our automated review and usually delivered within 24 hours.