A Grant of Probate is what actually gives an executor the legal authority to administer an estate. Until it's issued, you can't sell property or access most financial assets held in the deceased's sole name, so starting this application promptly, and correctly, genuinely matters.
What is a Grant of Probate?
It's an official document issued by the Probate Registry confirming the will is valid and giving the named executor legal authority to administer the estate. If there's no valid will, the equivalent is a Grant of Letters of Administration. The application goes to HM Courts and Tribunals Service through the Probate Registry, online or by post, accompanied by the original will (if one exists), the death certificate, and a completed inheritance tax form, either the IHT400 for estates where tax may be due, or the simpler IHT205 for smaller, more straightforward estates.
Why does this milestone matter so much?
The Grant is a prerequisite for selling or transferring property, accessing bank accounts, and distributing the estate to beneficiaries. Without it, financial institutions and HM Land Registry won't accept instructions from the executor, full stop. Starting the application as early as realistically possible matters, particularly where a property sale is already planned, since processing times vary depending on the Probate Registry's current workload.
How long does this actually take?
Current gov.uk guidance states you'll usually get probate within 12 weeks of submitting your application, and that it can take longer if further information is needed. Online applications tend to move faster than paper ones, since they're processed digitally rather than manually. The Grant, once issued, is a certified document you can present to any financial institution, the Land Registry, or any other organisation holding the deceased's assets.
What should you actually do before applying?
Make sure every required document is genuinely ready before you submit. Incomplete applications get returned, which only adds delay. Submit online through the government's probate service where you can, since it's typically processed faster than a paper submission. If inheritance tax is due, it generally needs to be paid, or arrangements made to pay it, before the Grant will be issued, your probate solicitor can advise on funding this if the estate's own cash isn't sufficient yet. Once the Grant arrives, order several sealed copies straight away. Financial institutions and the Land Registry will each want their own, and you can't circulate a single copy between them.
| Before you apply | Why it matters |
|---|---|
| Original will, death certificate, IHT form ready | Missing documents get the application returned |
| Apply online where possible | Typically faster than paper submissions |
| Arrange to pay IHT if due | Often required before the Grant is issued |
| Order several sealed copies once issued | Each institution needs its own; copies can't be shared |
Frequently asked questions
- What documents do I need to apply for a Grant of Probate?
- The original will (if any), the death certificate, and either the IHT400 or IHT205 inheritance tax form.
- How long does a Grant of Probate take once you apply?
- Current gov.uk guidance says usually within 12 weeks, though it can take longer if extra information is needed.
- Does inheritance tax need to be paid before probate is granted?
- Where tax is due, generally yes, it needs to be paid or arranged before the Grant is issued.
- How many copies of the Grant do I need?
- Several sealed copies, since financial institutions and the Land Registry each need their own.
This guide is general information for executors in England and Wales, not legal advice. Probate processing times and requirements can change, so confirm current detail with gov.uk or a qualified probate solicitor.