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

REVEALED: Sub36 Awards winners 2026 S36 Winners

REVEALED: Sub36 Awards winners 2026

16 Oct 2026

2

Three in a row for Lancaster accountants at national awards The Team At Ics Celebrating Their Win

Three in a row for Lancaster accountants at national awards

15 Oct 2026

3

Victorian Plumbing records 11 per cent revenue increase Victorian Plumbing staff

Victorian Plumbing records 11 per cent revenue increase

15 Oct 2026

4

Preparation matters for MTD changes Bilal Piperdy

Preparation matters for MTD changes

15 Oct 2026

5

Training for scheme to boost number of women in technology Aerial photo of Lancaster University Campus

Training for scheme to boost number of women in technology

15 Oct 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

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

St Catherine's Skydive, October
Skydive 17 Oct 2026

St Catherine's Skydive, October

Black Knight Parachute Centre, Lancaster, LA2 0DY

09:00 - 17:00

Commercial Planning Application workshop
Commercial Planning Workshop 20 Oct 2026

Commercial Planning Application workshop

Online, Accrington , BB5 0PF

12:00 - 13:00

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it
Lancaster And Morecambe Logo 1 21 Oct 2026

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mock Tribunal - step inside an employment tribunal… without the risk
LBV Website Events GraphicMock Tribunal 21 Oct 2026

Mock Tribunal - step inside an employment tribunal… without the risk

Online, Preston, PR1 3JD

09:30 - 12:30

Preston Freelancer Meet-Up: October
Freelance Meet Up 22 Oct 2026

Preston Freelancer Meet-Up: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

North West Business Expo
LBV Website Events GraphicBusiness Expo 1 23 Oct 2026

North West Business Expo

Toughsheet Stadium , Bolton, BL6 6JW

09:00 - 15:00

Girlie Night Out
Lancaster And Morecambe Logo 1 23 Oct 2026

Girlie Night Out

Lancaster Brewery, Lancaster, LA1 3LA

19:00 - 23:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget 2026 LBV 29 Oct 2026

The PM+M Autumn Budget seminar - East Lancashire

Blackburn Rovers Football Club (Premier Suite), Blackburn, BB2 4JF

08:00 - 10:30

Lancashire Finance Leaders Forum: The Autumn Budget in Focus
ian-UmTFcwHLPC0-unsplash.jpg.jpg 29 Oct 2026

Lancashire Finance Leaders Forum: The Autumn Budget in Focus

Farington Lodge Hotel, Stanifield Lane, PR25 4QR

08:00 - 10:00

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