What is a Grant of Probate? 

“What is a Grant of Probate?” is a frequently asked question by those newly tasked with administering the estate of a loved one who has recently passed away. 

A Grant of Probate, commonly referred to as probate, is a legal document that is often required in England and Wales when someone passes away with a Will. The application must be made by the Executor(s) named in the Will of the person who has died. In Scotland, the probate process is known as Confirmation. This Grant gives the person(s) named on it the legal right to deal with the assets of the person who has died (e.g., their money, property, and possessions). It is often requested by financial institutions to access bank accounts, sell assets, and settle the debts of someone who has died. Once probate is granted, this provides the Executor with the legal authority to administer the deceased’s estate and complete the above tasks. Find out more about what could be involved in the estate administration.  

Is probate required when there is no Will?

Whether there’s a Will or not does not determine whether probate is required. The requirement for a Grant of Probate is determined by the financial situation of the person who has passed away. 

If there isn’t a Will, then a similar probate application is undertaken, but a Letters of Administration will be issued. The umbrella term for Grant of Probate and Letters of Administration is Grant of Representation. 

When someone dies without a Will, known as dying intestate, the process of applying for probate is referred to differently. The person responsible for dealing with the legal and tax affairs of the deceased is known as an Administrator, and they will need to apply for Letters of Administration. The role and responsibilities of an Administrator mirror those of an Executor, and a Letters of Administration has the same purpose as a Grant of Probate. 

The collective term used for both Executors and Administrators of an estate is Personal Representatives (PRs). 

Who needs a Grant of Probate?

Whilst the Executor named in the deceased’s Will is responsible for obtaining probate, it is not always needed. A Grant of Probate may be required if the person who has died owned assets or property in their sole name, as it may be needed to release funds or sell/transfer a property. 

But what happens if you don’t need probate? If assets were held jointly, they will automatically pass by survivorship to the spouse or civil partner. Probate may also not be required if: 

• The estate is solely made up of cash – this includes banknotes and coins as well as other personal possessions, such as jewellery, furniture, or cars.
• The estate includes property that is owned as beneficial joint tenants – this is because the property automatically passes to the surviving owner.
• The estate equates to a small amount of money (typically less than £5,000).
• The estate is insolvent (meaning that there isn’t enough cash to pay any taxes, expenses, and debts accumulated by the deceased).
• The estate includes certain pension benefits and life insurance policies. 

Read more about when probate is required and the process of applying for probate.