Understanding Grant of Probate
When someone dies, the last thing you need is confusing legal paperwork. A Grant of Probate is the official document that proves who has the legal right to deal with a person’s estate. It’s often the key to accessing bank accounts, selling property and paying debts.
With over 3,000 five-star reviews, our Leeds probate team is known for calm, clear support at difficult times. We help families across Yorkshire understand what probate involves, how long it takes, and what steps you need to take so the process doesn’t drag on for months.
I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me! Thank goodness for Emily Spencer at Winston Solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.
Client, Horsforth
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What Is a Grant of Probate? (Plain English)
A Grant of Probate is a legal document issued by the Probate Registry. It confirms that the people named in the Will (the executors) have the right to collect assets, pay bills and distribute the estate.
You usually need a Grant to deal with:
- Property
- Bank accounts
- Investments
- Certain pensions or shares
If a Will exists and is valid, executors apply for a Grant of Probate.
What Is a Grant of Representation?
“Grant of Representation” is the umbrella term for the legal documents that allow someone to administer an estate:
- Grant of Probate when there is a valid Will
- Grant of Letters of Administration when there is no valid Will
- Grant of Letters of Administration with Will Annexed when there is a Will, but no executor able to act
These terms appear complicated. In practice, they all do the same job: they prove who is legally allowed to handle the estate.
Grant of Probate vs Grant of Letters of Administration
These two documents often cause the most confusion:
If there is a Will
Executors apply for a Grant of Probate.
If there is no Will
A close relative (following Intestacy Rules) applies for Letters of Administration.
Both documents give authority to deal with the estate. The main difference is who applies.
Who Applies for a Grant?
If there is a Will
The named executors can apply. If multiple executors were appointed, they can either apply together or choose to “reserve power” if someone prefers not to be involved.
If there is no Will
The Intestacy Rules decide the order of priority. This usually starts with the spouse or children. Whoever applies becomes the “administrator”.
If an executor has died or cannot act
Replacement executors (if named) may apply. If none exist, a Grant of Letters of Administration with the Will annexed is needed.
We guide you through this decision step by step.
Do I Have to Act as an Executor?
No, you don’t have to act if you don’t want to. You can choose:
- Renunciation
You give up the role entirely. - Power Reserved
You step back now but keep the option to step in later.
We’ll help you decide the best option based on your situation.
Examples to Make It Clear
Example 1: Will exists
Your mother leaves a Will naming you and your brother as executors. You both apply for a Grant of Probate.
Example 2: No Will
Your father dies without a Will. You and your siblings follow the Intestacy Rules and the eldest (or all of you) applies for Letters of Administration.
Example 3: Executor has died
The Will names three executors, but one has passed away. The other two apply and note the death in the application.
How to Get a Grant of Probate (Step-by-Step)
- Confirm whether there is a Will
This decides whether you apply for Probate or Administration. - Value the estate
Gather account balances, property values and debts. - Check if a Grant is needed
Small estates and some joint assets may not require one. - Prepare the paperwork
This includes the death certificate, the Will (if any) and HMRC forms. - Pay any inheritance tax (IHT) due to HMRC
- Submit the application online or via paper application dependent on the estate
Executors or administrators can apply directly or through a solicitor. - Wait for the Probate Registry
Current timescales are around 12-16 weeks, though delays are common. - Administer the estate
Once you receive the Grant, you can collect assets, pay bills and distribute the estate.
We can complete these steps for you if it feels overwhelming.
How Long Does It Take to Get a Grant?
The Probate Registry is currently reporting around 12-16 weeks.
Delays often happen because:
- Estate information was incomplete
- HMRC queries a form
- Documents were missing
- Application errors
- High workloads at the Registry
We help you reduce delays by preparing everything clearly from the start.
Why Families Choose Winston Solicitors
- Over 3,000 five-star reviews
- Local Leeds team supporting Yorkshire families
- Clear, human guidance
- A clear estimate provided for estate administration from start to finish
- Step-by-step help so nothing gets missed
I recently contracted Winston Solicitors to support me in obtaining a grant of probate following the death of a parent. I worked closely with Emily and found her to be supportive, have great communication and be able to navigate the IHT and probate processes very efficiently.
Client, Chapel Allerton
Need Help Applying for Probate?
You don’t have to manage this process on your own. Whether there’s a Will or not, we’ll guide you through what to do, who can apply and how to keep delays to a minimum.
Speak to our Leeds probate solicitors today. We’ll help you move things forward with confidence.
A Grant of Probate is a document with an official court seal. It lists the name of the person who died and confirms who is legally allowed to deal with their estate. Banks, solicitors and buyers rely on it before releasing funds or selling a property.
Usually, yes. Even if there is a valid Will, most estates still need a Grant before assets can be collected or sold. Small estates or joint accounts may not require one — we can check this for you quickly.
Probate is issued by the Probate Registry, which is part of the Family Court system. Your solicitor submits the application, and the Registry sends out the Grant once everything is approved.
At the moment, most Grants take around 12-16 weeks. Delays happen if HMRC needs more information or if documents are missing. Using a solicitor usually reduces the risk of mistakes that slow things down.
If there is a Will, executors apply for Probate.
If there is no Will, a close relative applies for Letters of Administration.
Both documents give the authority needed to deal with the estate.
They are known collectively as Grants of Representation.
The Intestacy Rules set out who can apply, usually starting with the spouse or children. Once approved, that person becomes the “administrator” of the estate.
You need to value the estate, complete the tax forms, prepare the supporting documents and submit an application. Our Leeds team can complete the whole process for you if you prefer.
A limited Grant allows someone to deal with only part of the estate — for example, selling a property while other issues are still being resolved. It’s used in more complex cases.
