What is a Grant of Probate?

A Grant of Probate is a court document that formally authorises the Executors named in the Will to deal with the estate of the person who has passed away.

The Executors can then gather the assets, pay any liabilities, and then distribute the remainder of the estate to the beneficiaries as per the Will.

One of our legal professionals, Georgia Allen, discusses the practicalities around the Grant of Probate and when it may be needed.

When is a Grant of Probate needed?

Whilst a Grant of Probate is often required to administer an estate, one is not needed for every estate.

Some banks and other institutions may accept the production of the last Will and a death certificate as authorisation for your Executors to close your accounts, but this varies between institutions and largely depends on the amount of cash held in the accounts.

In the case of joint bank accounts, a Grant of Probate is not required as the surviving account holder will become the sole account holder.

Similarly, where a property is owned as Joint Tenants, the surviving owner will become the sole owner by survivorship, without the requirement of a Grant of Probate.

If a solely owned property, or a property owned as Tenants in Common, needs to be sold or the person who has died held over £50,000 in a sole bank account or investment, a Grant of Probate will likely be required to administer these assets.

Each institution will make your Executors aware if they require a Grant of Probate to deal with the asset.

How do I obtain a Grant of Probate?

To obtain a Grant of Probate, the Executors named in the Will need to make an application to the Probate Registry. For simple estates, this can often be done online but more complex applications are made via post.

There is also a fee payable to the Probate Registry to make an application, which is currently £300. This fee is applicable regardless of whether you are making the application yourself or instructing a Solicitor to make the application for you.

What if there is no Will?

If the person who has died did not leave a Will but Probate is needed, their closest living relative in the following order of priority, must apply for a similar document, which is known as Letters of Administration:

• Spouse
• Children
• Grandchildren
• Parents
• Siblings
• Nieces and Nephews
• Uncles and Aunts
• Cousins

The applicant will be appointed as an Administrator and the Letters of Administration will become their formal authority to deal with the person’s estate.

How can Winns help?

We can help with all three aspects of estate administration:

• Gathering information about the assets and liabilities of the person who has died to determine whether a Grant of Probate/ Letters of Administration is needed
• Make the relevant application to the Probate Registry and calculate whether any Inheritance Tax is due
• Distribute the assets in accordance with the Will or Intestacy.

To start the process with a no-obligation discussion with one of our legal professionals, who specialises in Wills, Probate and Trust, click on the link below to book an appointment and see how we can help.

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