When someone passes away, dealing with their estate is a responsibility that often falls to close family members or trusted associates. In many cases, before any assets can be distributed or financial affairs settled, it’s necessary to obtain a legal document known as a grant of probate. This article provides a comprehensive guide to ordering a grant of probate in England and Wales, outlining the legal steps, common challenges, and practical considerations involved.
At Blackstone Solicitors, we support clients through every stage of the probate process, from application to administration, ensuring that estates are managed lawfully and efficiently.
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For a free initial discussion on how we can help you deal with the legal implications of probate and administration of an estate, 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.
What Is Probate?
Probate refers to the legal and financial process of dealing with the estate of someone who has died. This includes settling debts, gathering assets, and distributing them according to the deceased’s will or, where no will exists, under the rules of intestacy.
The grant of probate is the official document issued by the Probate Registry, giving the executor the legal authority to act in this capacity. Where no will exists, and the estate must be administered by the closest relatives, the equivalent document is called letters of administration.
Who Can Apply for a Grant of Probate?
Only those named in the deceased’s will as executors can apply for a grant of probate. If there are multiple executors, any one or more of them can apply. If the named executors are unable or unwilling to act, other individuals may be appointed through a legal process known as renunciation or substitution.
If the deceased did not leave a will, then the closest relatives (usually a spouse or child) may apply for letters of administration as administrators of the estate.
Step-by-Step Process for Ordering a Grant of Probate
Obtaining a grant of probate involves several key steps. Here’s a practical breakdown:
Step 1: Register the Death
The death must be registered with the local registry office. You’ll need to obtain multiple official copies of the death certificate, as financial institutions and organisations will typically request one before releasing information.
Step 2: Locate the Original Will
The original signed will is crucial. It must be submitted to the Probate Registry during the application. If the will has been lost or destroyed, a copy may sometimes be accepted, though this usually requires additional legal steps and explanations.
Step 3: Value the Estate
Executors must identify and value all assets and liabilities of the deceased, including:
- Property and land
- Bank accounts
- Investments
- Personal belongings (e.g., jewellery, vehicles, artwork)
- Debts, loans, mortgages
- Funeral expenses
Valuation must be accurate and as close to the date of death as possible, as it forms the basis for Inheritance Tax calculations.
Step 4: Determine Inheritance Tax Liability
Inheritance Tax may be payable if the estate exceeds a certain threshold. The current nil-rate band is £325,000, though this can vary depending on allowances such as the residence nil-rate band.
Before applying for probate, executors must submit relevant tax forms to HM Revenue & Customs (typically an IHT205 for smaller estates or IHT400 for larger or more complex ones) and arrange payment of any due tax.
Step 5: Prepare the Probate Application
Applications for a grant of probate can be made either online or by post. You’ll need:
- The completed probate application form (PA1P for probate; PA1A for letters of administration)
- An official copy of the death certificate
- The original will and any codicils
- The Inheritance Tax confirmation from HMRC (reference number)
- Payment for the probate fee
As of 2025, the standard fee is £273 for estates over £5,000. Additional copies of the grant can be ordered for a small fee, which is advisable if multiple institutions require them.
Step 6: Submit the Application
Applications can be submitted via the Government’s online portal or by post to the appropriate Probate Registry. If applying by post, ensure documents are securely sent and retain tracking details.
After submission, executors typically receive an acknowledgment and may be asked for further information if the registry has queries about the application.
Step 7: Receive the Grant of Probate
If the Probate Registry is satisfied that the application is complete and accurate, the grant of probate will be issued. This document legally empowers the executor to:
- Access and close bank accounts
- Sell or transfer property
- Pay debts and liabilities
- Distribute assets to beneficiaries
The timeframe varies, but straightforward applications are usually processed within 4 to 8 weeks. Complex estates or contested wills may take longer.
Digital vs. Paper Applications
While the online application process offers convenience and faster turnaround, some clients still prefer traditional paper applications. Paper submissions may also be necessary for more complex estates or when professional assistance is involved.
Blackstone Solicitors regularly assists clients with both formats, ensuring compliance and completeness to avoid delays.
Common Challenges in Probate Applications
Ordering a grant of probate can be straightforward in many cases, but certain issues can complicate the process:
Missing or Invalid Wills
If a will is lost or damaged, it may be difficult to prove the intentions of the deceased. In such cases, courts may rely on copies or revert to intestacy rules.
Disputes Among Beneficiaries
Conflicts about the validity of the will, the interpretation of clauses, or the distribution of assets may lead to legal disputes and court proceedings.
Foreign Assets or Property
Estates involving overseas assets may require specialist legal advice to navigate dual jurisdictions and probate laws abroad.
Insolvent Estates
If liabilities exceed the value of assets, special procedures must be followed to ensure lawful distribution and avoid personal liability for executors.
At Blackstone Solicitors, we guide clients through these challenges, providing pragmatic advice and tailored legal support.
Executor Responsibilities After Receiving the Grant
Once probate is granted, the executor must carry out a series of tasks, including:
- Collecting money from banks, insurers, and investment providers
- Selling or transferring property
- Paying debts and outstanding tax
- Producing estate accounts for beneficiaries
- Distributing the estate as per the terms of the will
Failure to fulfil these duties correctly can result in legal liability. Executors have a fiduciary duty to act in the best interest of the estate and its beneficiaries.
Legal Support for Probate
While some individuals choose to apply for probate independently, many opt for professional assistance—particularly when the estate is complex or they lack time or confidence.
Blackstone Solicitors offers:
- Full probate application service
- Estate administration and asset distribution
- Inheritance Tax calculation and submission
- Dispute resolution and will challenges
- Property and trust advice
We offer bespoke services across England and Wales, from one-off guidance to full administration.
Conclusion: Clear Steps, Trusted Support
Ordering a grant of probate is a vital step in managing the affairs of a deceased loved one. Though the process can seem daunting, it follows a clear set of legal steps that—if properly followed—ensure a fair and lawful administration.
Whether you are an executor applying for probate, a relative seeking guidance, or a beneficiary navigating the process, Blackstone Solicitors is here to support you. Our team combines legal precision with compassionate service, helping clients honour legacies and manage responsibilities across England and Wales.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications probate and the administration of an estate. 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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