Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
Probate is a word that most people have heard but many find difficult to define precisely. When someone dies, their estate generally needs to be administered and their assets collected and distributed. Probate is the legal process by which the executor named in a will obtains formal authority to deal with the deceased’s assets. Understanding when probate is required, and when it is not, is one of the first practical questions that arises when someone dies.
What Is a Grant of Probate?
A grant of probate is a document issued by the Probate Registry, which is part of His Majesty’s Courts and Tribunals Service, that confirms the executor’s authority to deal with the deceased’s estate. Banks, building societies, investment managers, and other institutions will require sight of this document before releasing funds or transferring assets. The grant of probate is essentially proof that the executor is the right person to act and that the will they are relying on is the valid last will of the deceased.
Where someone dies without a will, there is no executor and therefore no grant of probate. Instead, a family member applies for letters of administration, which serves the same purpose but is granted to an administrator rather than an executor. The process is similar, though the person entitled to apply is determined by the intestacy rules rather than by a will.
When Is Probate Required?
Probate is not always required. Whether it is needed depends largely on the nature and value of the assets in the estate. If all assets were held jointly with a surviving spouse or civil partner, they will pass automatically to the survivor by survivorship and probate is not needed for those assets. Similarly, small sums held in bank accounts below a certain threshold, typically around £5,000 to £50,000 depending on the institution, may be released without a grant of probate.
Probate is generally required where the deceased owned property in their sole name, held significant funds in bank or investment accounts in their sole name, owned shares, or had other assets that require formal authority to transfer or realise. In practice, most estates that include a property will require a grant of probate.
The Probate Process
The probate process begins with the executor gathering information about the deceased’s assets and liabilities. A full valuation of the estate is needed, including the value of property, bank accounts, investments, personal possessions, and any other assets, together with details of any debts outstanding at the date of death. This information is needed both to prepare the inheritance tax return, if one is required, and to support the application for the grant of probate.
If inheritance tax is payable, it must generally be paid before the grant of probate is issued, which can create a practical difficulty because the funds to pay it may be locked in the estate pending the grant. There are mechanisms to address this, including the ability to pay inheritance tax on property in instalments and the direct payment scheme that allows some banks to release funds to pay tax before probate is granted.
Once the grant has been issued, the executor can collect in the assets, pay any outstanding debts and liabilities, deal with the inheritance tax position, and distribute the estate to the beneficiaries. Throughout this process the executor has a duty to act in the interests of the beneficiaries and to keep proper accounts of all transactions.
If you need advice on whether probate is required following a bereavement, or if you would like assistance with the probate process, our team at Cramp and Mullaney advises families across Kent and East Sussex. We offer a fixed fee initial consultation.
If you are based in Kent and need advice on wills, probate or estate planning, Cramp & Mullaney LLP can help. We advise clients across Tunbridge Wells, Tonbridge, Sevenoaks, Ashford, Folkestone, Maidstone and the wider Kent area from our offices in Eastbourne (01323 720581) and Battle (01424 533222), East Sussex. We offer a fixed fee 30-minute initial consultation. Visit cmlaw.co.uk or email info@cmlaw.co.uk.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
