Being named as an executor can feel overwhelming, particularly when you are coping with a bereavement.
One of the first and most important steps in administering the estate is applying for a Grant of Probate.
Our Grant of Probate solicitors guide you through what is required. We help you gather the necessary financial information and valuations, prepare the inheritance tax forms and complete the application on your behalf.
This means you are not left trying to interpret technical paperwork or worrying whether something may have been overlooked.
The Grant of Probate, issued by the Probate Registry, confirms your authority to collect assets, deal with banks and transfer or sell property. Without it, many organisations will not release funds or allow you to deal with the estate.
By preparing the application carefully from the outset, we help reduce the risk of delays and ensure the process progresses as smoothly as possible. This gives you reassurance that your responsibilities as executor are being handled properly.
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Applying for Grant of Probate follows a structured process. We support you at each stage:
Timescales depend on how quickly financial information can be gathered and whether inheritance tax is payable. Preparation often takes several weeks. Registry processing times vary and can change depending on demand. By ensuring the application is properly prepared before submission, we help reduce the risk of unnecessary delay.
While the application process may appear straightforward, delays often arise from avoidable errors.
Common issues include:
Even minor discrepancies can result in the Probate Registry raising queries, which can significantly extend timescales.
Our Grant of Probate solicitors review the information carefully before submission to minimise the risk of delay and ensure the application meets current Probate Registry requirements.
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Applying for a Grant of Probate carries personal legal responsibility. As executor, you are accountable for the accuracy of the information provided. Careful preparation at this stage avoids complications later.
Our role is to ensure the application is handled efficiently, with clear advice and straightforward pricing, so you understand both the process and the likely costs involved.
We provide assurance that:
At Thomas Mansfield Solicitors, our private client solicitors work closely with executors across London and the South East. We understand that you are often balancing legal responsibility with family pressures and your own commitments.
If you have been appointed as an executor and are unsure where to begin, our Grant of Probate solicitors are here to guide you.
Can I apply for probate myself?
Yes, it is possible to apply for a Grant of Probate without instructing a solicitor. The Probate Registry provides guidance and application forms for personal applicants. However, the process involves gathering accurate financial information, completing inheritance tax reporting and submitting the application in the correct order. Even straightforward matters require care, as errors or omissions can lead to delay or further enquiries. Many executors choose to instruct Grant of Probate solicitors for reassurance that the application has been prepared properly and to reduce the risk of personal liability arising from mistakes.
Do I have to act as executor if I am named in the will?
You are not obliged to act simply because you are named. Acting as executor is a responsibility, not a requirement. If you do not wish to take on the role, you can formally step aside before taking any active steps in the administration. This is known as renouncing your appointment. If there is more than one executor, the others may proceed. If no executor is willing or able to act, another suitable person may apply instead. Before deciding, it is sensible to understand what the role involves and whether professional support could make it more manageable.
What if I cannot find the original will when applying for probate?
To apply for a Grant of Probate, the original signed will is normally required. The Probate Registry will not usually issue the Grant based on a copy alone. If you cannot locate the original, start by checking with the deceased’s solicitor, bank or any document storage provider. Many firms hold original wills securely on behalf of clients.If, after making reasonable enquiries, the original will still cannot be located, the position becomes more complicated. In some circumstances, it may be possible to apply to the Probate Registry of the High Court for permission to prove a copy of the will, but this requires additional evidence and an explanation of what efforts have been made to find the original.
What if there is no will?
If a person dies without leaving a valid will, a different type of Grant is required, known as Letters of Administration. The process is similar to applying for probate, but the person applying is called an administrator rather than an executor. The order of entitlement to apply is set by law, although this can be altered by using a deed of variation.
What is a Grant of Representation?
A Grant of Representation is the formal legal document giving someone authority to administer an estate. It is the umbrella term covering both a Grant of Probate (where there is a will) and Letters of Administration (where there is no will or no executor). Without a Grant of Representation, banks and other institutions will usually not release assets.
What is the difference between probate and a Grant of Probate?
Probate is the overall legal process of dealing with someone’s affairs after death. A Grant of Probate is the formal document issued by the Probate Registry confirming an executor’s authority to act. You may hear the terms used interchangeably, but technically the Grant is the legal proof that allows you to collect assets, close accounts and deal with property held in the deceased’s sole name.
What factors affect the cost of probate?
Probate fees depend on the work required to administer the estate. Factors such as the number of assets, whether property needs to be sold, inheritance tax reporting and the number of beneficiaries can all affect the level of work involved. For straightforward estates the process is often relatively simple, while more complex estates require additional legal and tax work.You can view typical fee ranges and what is included on our probate pricing information page. Once we understand the circumstances of the estate, we will provide a clear estimate of the likely costs.
Getting in touch couldn’t be easier. Use our form or call us to speak to an experienced solicitor in confidence.
Please note we cannot offer legal aid.
