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Probate Solicitors
Probate is concerned with the authority to deal with a deceased person's estate. A grant may be needed to collect or transfer particular assets, but the correct application depends on the will, the people entitled to act and how the property is held. This page explains the grant stage in England and Wales, separately from completing the estate administration.
Sources checked on . This general information does not assess your individual circumstances.
Establish whether a grant is needed
Identify the assets and contact the organisations holding them. Their requirements and the ownership arrangements matter; there is no single bank-balance threshold that answers every case.
Some jointly held assets pass outside the estate under survivorship rules, and some institutions release smaller holdings without a grant. That does not remove any tax reporting or wider administration responsibilities.
Choose the correct type of grant
A grant of probate is normally sought by an executor entitled to act under a valid will. Letters of administration are used where there is no valid will and an eligible administrator applies.
If there is a valid will but no executor able or willing to obtain probate, letters of administration with the will annexed may be needed. The absence of an acting executor does not itself turn a valid will into an intestacy.
Check who can apply and in what capacity
Locate the original will and codicils, identify the executors and establish whether they can and wish to act. Where more than one is named, matters such as power reserved or renunciation require care; stepping aside is not always a simple informal choice.
The Non-Contentious Probate Rules set priority for grants with a will and on intestacy. Relationship alone does not mean anyone can apply. Minors, trusts, disputes, a death among those entitled or other special circumstances may affect the application.
Value the estate and establish reporting requirements
Obtain appropriate date-of-death values for assets and liabilities and identify relevant gifts, ownership and tax information. Values for probate and Inheritance Tax are not always identical.
Check whether the estate meets the excepted-estate conditions or requires a fuller HMRC account. No tax being payable does not necessarily mean no account is required. Where the full reporting route applies, the HMRC information and any payment arrangements needed before the application must be addressed.
Prepare the evidence and use the correct route
The application needs accurate details about the deceased, the applicant and the estate. If there is a will, the original will and codicils are important; a missing original requires the appropriate evidence and procedure rather than simply substituting a photocopy.
Online and paper routes depend on the type of application and whether it is made personally or through a practitioner. Check current HMCTS requirements, forms and fees when applying. Queries about names, documents or entitlement can affect progress, so no standard completion date is promised.
Check the grant and plan the remaining work
When the grant is issued, check its details and the requirements of asset holders before using it. The grant does not certify that all debts, tax or beneficiary questions have been resolved.
Collection, payments, estate accounts and distribution still need attention. A challenge to the will or an administration dispute may require a different procedure and advice before further steps are taken.
The linked pricing information sets out published charges and identifies details that still need confirmation. It is not a complete quotation for your matter: agree the work covered, external costs and timing before instruction.
Official guidance
- Define the instruction
- Obtaining a grant and administering the entire estate are different scopes of work. Identify which steps the representative will undertake and which require assistance.
- Fees and timing
- Check current application charges against official guidance. Highfin's published professional charges are available on the linked fees page, with outstanding scope and timing qualifications. Obtain a written estimate for the work required.
Frequently asked questions
Your questions
Do I need probate if there is a will?
A will alone does not determine whether a grant is required. Check the assets, ownership and the requirements of the organisations holding them.
What if the will names no executor who can act?
An eligible applicant may need letters of administration with the will annexed. The will can still govern distribution, and statutory applicant priority needs checking.
Can I apply with only a copy of the will?
The original is normally required. A lost or unavailable original calls for a specific evidential procedure; a photocopy should not be assumed sufficient.
Is an Inheritance Tax account unnecessary if no tax is due?
Not always. The excepted-estate conditions and reporting requirements must be checked. Some estates require a fuller account even without a tax payment.
Does receiving the grant mean the estate is finished?
No. It provides authority for relevant dealings but does not complete asset collection, debt and tax settlement, accounts or distribution.
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