When someone passes away, their estate – which includes their money, property, and possessions – must be dealt with in accordance with their will, if they left one, or under the rules of intestacy if they did not. This process is called “administering the estate.” One of the first legal steps in this process is to obtain a grant of probate which we will take steps to obtain.

What is a Grant of Probate?

A grant of probate is a legal document issued by the Probate Registry that confirms the authority of the executors named in the will to deal with the deceased’s estate. If there is no will, letters of administration are issued instead, giving the same powers to the administrators (usually the next of kin).

This legal authority allows the executor or administrator to close bank accounts, sell property, pay debts, and distribute the estate to the beneficiaries.

We will:

• Review the will (if there is one) to confirm who the executors are and what the estate’s distribution should be.
• Checking whether the will is valid and properly executed.
• Confirm the identity and contact details of the executors or administrators.

If there is no will, we will establish who is entitled to act as the administrator under the rules of intestacy.

2. Investigating the Estate’s Assets and Liabilities

We will seek to compile a full picture of the deceased’s financial situation at the date of death. This typically includes:

• Bank accounts and savings
• Property and land; Investments and shares
• Life insurance policies
• Personal belongings of value (e.g. jewellery, cars, artwork)
• Any debts, such as loans, mortgages, or credit cards

We will contact relevant institutions (banks, insurers, pension providers, etc.) to obtain formal valuations or balances. For property, a professional valuation may be required, particularly if Inheritance Tax (IHT) might be due.

3. Determining Inheritance Tax (IHT) Liability

If the estate exceeds the current IHT threshold (known as the nil-rate band, currently £325,000 as of 2025), tax may be payable. On your behalf we will:

• Complete the appropriate IHT forms (IHT205 for non-taxable estates or IHT400 for taxable ones).
• Calculate the tax due, including taking into account any transferable nil-rate band, residence nil-rate band, or charitable exemptions.
• Advise you if any tax can be paid in instalments, particularly where the estate includes property.

Before the grant can be issued, any IHT due must be paid – at least in part – and we will assist in arranging this, often through the deceased’s bank accounts or using a “Direct Payment Scheme.”

4. Preparing the Probate Application

Once all valuations and tax matters are in order, we will prepare the probate application. This involves:

• Completing a legal statement of truth confirming the details of the estate and the identity of the executors or administrators.
• Filing the appropriate forms with HMCTS Probate Registry (electronically in most cases).
• Submitting supporting documents, including the original will and death certificate.

If there is no will, a different form is used to apply for letters of administration.

5. Obtaining the Grant

Once submitted, the Probate Registry reviews the application. If all is in order, they will issue the grant of probate or letters of administration.

What Happens After the Grant Is Issued?

Although not strictly part of the grant application process, you can instruct us to assist with full estate administration. This involves us taking the following steps where relevant:

• Collect in assets (e.g., closing accounts, selling shares, transferring or selling property).
• Pay any outstanding debts or expenses (such as funeral costs, utilities, taxes).
• Finalise any tax matters, including income tax or capital gains tax returns for the estate.
• Distribute the estate to the beneficiaries as set out in the will (or intestacy rules).
• Provide estate accounts detailing all money received and paid out.

• Original or certified copy of the death certificate
• Original will (if there is one)
• Details of the deceased’s assets and liabilities (banks, properties, pensions, debts, etc.)
• Names, addresses, and contact details of all executors or administrators
• Names and details of beneficiaries (if known)
• Any gifts made by the deceased in the last 7 years
• Information about any jointly owned assets

Providing full and accurate information at the outset can help avoid delays.

The timescale can vary depending on the complexity of the estate and whether any complications arise. However, a general guideline for obtaining a grant of probate or letters of administration is as follows:

Stage 1: Gathering information
Up to 8 weeks

Contacting banks, valuing assets, and identifying debts.

Stage 2: Preparing tax forms and probate application
a further 3 to 6 weeks

Once full information is obtained.

Stage 3: HMRC processing (if IHT is due)
3 to 4 weeks

Time taken to receive tax clearance or confirmation.

Stage 4: Probate Registry processing the probate application
a further 8 to 16 weeks

Time taken to receive issued grant of probate or letters of administration. The Probate Registry has a significant backlog of cases and additionally the Probate Registry will sometimes raise an enquiry concerning the application.

Certain issues can extend the timeframe, including:

• Missing or contested wills
• Difficulty locating assets or beneficiaries
• Foreign assets
• Disputes between executors or beneficiaries
• HMRC queries or delays
• Sales of property taking longer than expected

We will keep you informed throughout the process and advise on any significant developments.

Our fees for obtaining a grant of probate vary depending on the complexity of the estate. For a simple estate, our fixed fee may be £2,750 plus vat of 20% and any disbursements for an estate which consists of:

1. One property
2. Two bank accounts
3. No debts
4. Up to 4 beneficiaries
5. Value of estate of under £275,000

For a slightly larger estate we charge £4,000 plus vat of 20% and disbursements:

1. One property
2. Between 3-6 bank accounts
3. Up to 4 beneficiaries
4. Estate value between £275,000- £600,000

If the size of the estate is larger than this, we will need to provide you with an estimate of costs dependant on your instructions.

Disbursements are usually the probate application fee (£300), copies of the grant (£1.50 each), and valuation fees, are additional and will be clearly itemised.