What is a grant of probate and when is it required?

Rebecca Mitchell-Smith of Harrison Drury

A grant of probate (or grant of representation) is a legal document that confirms the executors of a will that have the authority to manage and administer the estate of someone who has died, and to distribute assets to its beneficiaries.

It is not always necessary to obtain a grant of probate in an estate. It will depend on the extent of the estate, what it comprises and how assets are held (whether in sole name or jointly with other people). It is sometimes needed to access bank accounts or sell or transfer assets.

A grant of probate is required if the deceased held an interest in property in their sole name or held the interest jointly in a property with another person as ‘tenants in common’.

Depending on how much money is held, whether it is within several financial institutions and whether it is held jointly with someone else, will dictate whether a grant of probate is required to manage the financial assets of a deceased estate.

The executors or beneficiaries (as set out by the intestacy rules if there is no will) will be required to follow certain steps to obtain a grant of probate. Once the Probate Registry has approved the application and validated the will (if there is one), a court-sealed grant is issued.

If you are an executor or administrator of an estate (whether by will or by virtue of the intestacy rules if there is no will), you will need to collate information about the assets and liabilities of the estate. Once you have done this, you can contact the relevant financial institutions to find out their requirements and whether they will need you to provide a grant of probate.

If the deceased held interest in a property in their sole name or jointly with another party as tenants in common, you will need a grant of probate.

The steps required to obtain a grant of probate includes firstly to determine the value of all assets and liabilities at the date of the deceased’s death. Once this has been established, you will need to ascertain whether inheritance tax is payable.

If required, the relevant HM Revenue and Customs forms need to be completed and submitted to make the initial inheritance tax payment. A legal statement will then need to be submitted to the Probate Registry to apply for the grant of probate.

The complexity of dealing with a deceased person’s estate can vary and depends on the size of the estate and whether a will exists and what it provides for. It is strongly recommended to seek professional legal advice if you are the executor of a will to ensure it is managed properly.

Enjoyed this? Read more from Rebecca Mitchell-Smith, Harrison Drury

Latest news

1

Businesses hear inspirational tale as part of Funding Unlocked event

Businesses hear inspirational tale as part of Funding Unlocked event

04 Nov 2026

2

Group First acquires Northlight freehold Northlight Grounds

Group First acquires Northlight freehold

04 Nov 2026

3

Vincents Solicitors acquires Worralls Vincents

Vincents Solicitors acquires Worralls

04 Nov 2026

4

City’s £1.55m funding to tackle derelict buildings Former Larder Property Lancaster Road

City’s £1.55m funding to tackle derelict buildings

03 Nov 2026

5

Gym Gear acquired by Findel Established Gym Gear Has Earned An Excellent Reputation Over Its Past 21 Years Of Trading

Gym Gear acquired by Findel

03 Nov 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Funding Unlocked
IMG_3058.jpeg.jpg 04 Nov 2026

Funding Unlocked

Accrington Stanley FC, Accrington , BB5 5BX

10:00 - 12:30

Breakfast Social and Coworking Day: November
Brekfast social Nov Creative lancs small.png.png 05 Nov 2026

Breakfast Social and Coworking Day: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Lancashire Construction Connections
1790691579952.jfif.jpg 05 Nov 2026 - 05 Nov 2026

Lancashire Construction Connections

Holmes Mill, Clitheroe, BB7 1EB

14:00 - 17:00

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin