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

Last updated: March 2026 · 5 min read

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 £273 for estates over £5,000. Additional certified copies cost £1.50 each — you typically need 4–6. Clear Legacy handles the entire process for a fixed fee from £195 — no percentage of the estate.

Fixed Fee Probate from £195

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

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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.