When a loved one passes away, dealing with their estate can be a daunting and emotional task. One of the key steps in this process is determining whether probate has been granted. At Blackstone Solicitors, we understand how important it is to have clarity during such a difficult time. This article will guide you through what probate is, why it matters, and how you can check if it has been granted in England and Wales.
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For a free initial discussion on how we can help you deal with the legal implications of dealing with Probate, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Probate is the legal process of administering a deceased person’s estate. It involves proving that a will is valid (if there is one) and confirming who has the authority to deal with the estate. This authority is granted through a legal document known as a Grant of Representation.
There are different types of grants depending on whether the deceased left a will:
- Grant of Probate – issued when there is a valid will and executors are named.
- Letters of Administration – issued when there is no will, or the named executors are unable or unwilling to act.
- Letters of Administration with Will Annexed – issued when there is a will but no executors are named or able to act.
Why Is Probate Important?
Probate gives the legal right to access and manage the deceased’s assets, such as bank accounts, property, and investments. Without it, institutions like banks and HM Land Registry may refuse to release or transfer assets.
In some cases, probate may not be required—for example, if the estate is small or held jointly and passes automatically to a surviving co-owner. However, for many estates, especially those involving property or significant financial assets, probate is essential.
When Is Probate Granted?
Probate is typically granted several weeks after the application is submitted, provided there are no complications. The process can take longer if:
- The estate is complex.
- There are disputes over the will.
- Inheritance Tax is due and not yet settled.
- Additional documentation is required.
Once granted, the probate record becomes a public document.
How to Check if Probate Has Been Granted
There are two main ways to check if probate has been granted in England and Wales: online and by post.
- Online Search
The quickest and most convenient method is to use the official online probate search service provided by HM Courts and Tribunals Service.
You can use this service to:
- Search for a probate record.
- Check if probate has been issued.
- Identify the type of grant issued.
- Order a copy of the probate record or will (if available).
To search, you will need:
- The deceased’s full name.
- The year of death (or an approximate range).
Optional: the year probate may have been granted.
The online database includes records from 1858 onwards. New probate records are usually available online around 14 days after the grant is issued.
Each copy of a probate record ordered online costs £1.50.
- Postal Search
If you prefer or require a paper-based method, you can submit a postal application using Form PA1S. This form allows you to request a search of the probate records and receive a copy of the grant and will (if one exists).
To complete a postal search:
- Download and fill in Form PA1S.
- Send it to the address provided on the form.
- Include a cheque or postal order for £1.50 per search.
- You should receive a response within four weeks.
If the person died recently and probate has not yet been granted, you can request a standing search. This means you will automatically receive a copy of the grant if it is issued within the next six months. A standing search costs £3 and can be renewed after six months if needed.
What Information Will the Probate Record Contain?
A probate record typically includes:
- The full name and address of the deceased.
- The date of death.
- The date probate was granted.
- The type of grant issued.
- The names of the executors or administrators.
- The gross and net value of the estate.
- If a will was submitted, you can also request a copy of it.
What If Probate Has Not Been Granted?
If your search reveals that probate has not yet been granted, there could be several reasons:
- The application is still being processed.
- The estate does not require probate.
- The family has not yet applied.
- There are legal disputes or delays.
In such cases, it may be helpful to speak with a solicitor to understand the next steps or to assist with the application process.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we offer expert legal support for all aspects of probate and estate administration. Whether you are an executor needing help with the application, a beneficiary seeking clarity, or a family member unsure of your rights, we are here to guide you.
Our services include:
- Preparing and submitting probate applications.
- Resolving disputes over wills and estates.
- Acting as professional executors where needed.
We understand that every estate is unique, and we tailor our approach to suit your individual circumstances. With offices serving clients across England and Wales, we are well-placed to provide accessible and reliable legal advice.
Final Thoughts
Checking whether probate has been granted is a straightforward process, but it can be an important step in managing a loved one’s estate. Whether you choose to search online or by post, having the right information at your fingertips can make the process smoother and less stressful.
If you need assistance with probate or have any questions about the legal process, don’t hesitate to contact Blackstone Solicitors. Our experienced team is ready to support you with compassion, clarity, and professionalism.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/services-for-you/probate/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of probate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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