What probate is, when you actually need a grant, the difference between grant of probate and letters of administration, and what the executor or administrator has to do.
Probate is the legal process of proving a will and getting authority to deal with someone's estate after they die. The formal document issued by the Probate Registry — a grant of representation — gives the person in charge the legal power to collect assets, pay debts and distribute the estate.
A grant is usually required to access significant bank accounts, sell or transfer property, or deal with shares and investments. You often do not need one for small estates, or for assets held jointly that pass automatically to the survivor. Banks set their own thresholds, so check with each institution.
If there is a valid will naming executors, those executors apply for a grant of probate. If there is no will, or the will names no one able to act, the closest entitled relative applies instead for letters of administration. The powers are similar; the difference is who has authority and on what basis.
The person in charge must value the estate, report and pay any inheritance tax, settle debts, apply for the grant, then collect in the assets and distribute them correctly to the beneficiaries. They are personally responsible for getting it right, including keeping accounts — mistakes can leave them liable.
It varies widely, but many estates take several months to a year or more, depending on complexity, whether inheritance tax is due, and current Probate Registry waiting times. Property sales, missing paperwork or disputes can extend it considerably. Simple estates with no tax to pay are generally quicker.
Yes — many executors apply for the grant and administer a straightforward estate themselves. For larger estates, complex tax positions, business interests or any sign of a dispute, professional help reduces the risk of personal liability. The Counsel can help you understand the steps, but it gives legal information, not advice, and does not handle probate for you.
No. If the estate is small, or everything was held jointly and passes to the surviving owner by survivorship, you may be able to deal with it without a grant. Always confirm the requirement with the banks and any registry involved, as thresholds differ.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
A plain-English guide to making a will that holds up: the Wills Act 1837 signing rules, what to include, choosing executors, and the mistakes that make a will invalid.
What happens to your estate if you die without a valid will: the intestacy order of who inherits, the £322,000 surviving-spouse statutory legacy, and why unmarried partners are left out.
The two types of LPA, how to set one up and register it with the Office of the Public Guardian, why they matter, and what happens — deputyship — if you have none.