Grant of Probate

A grant of probate is a formal court order confirming that a deceased person's will is valid and legally authorizing the executor named in that will to manage, collect, and distribute the deceased's estate according to its terms. It serves a similar practical function to a grant of administration, giving its holder legal standing, much like a trustee, to deal with the deceased's assets, but applies specifically where a valid will exists and names an executor willing and able to act, rather than to intestate situations where no will can be found.

Banks, land registries, investment platforms, and other institutions holding a deceased person's assets generally require sight of a certified grant of probate before releasing funds or transferring property, since the grant is the court's confirmation that the person presenting it genuinely has legal authority to act on the estate's behalf.

A will states what a person wants to happen to their property after death, but it does not, by itself, give anyone the legal power to act on those wishes. The grant of probate is the court's official confirmation that the will is genuine and that the named executor is now legally empowered to carry it out, which is why institutions holding the deceased's money and property will not release anything to the executor until this document is produced.

• The executor submits the original will, a death certificate, and an application to the relevant probate registry or court.
• The court reviews the application to confirm the will appears validly executed and that the applicant is indeed the named executor.
• Once satisfied, the court issues the grant of probate, a document the executor can then present to banks and other institutions as proof of authority.

Armed with the grant of probate, the executor gathers and values the estate's assets, pays any outstanding debts and taxes owed by the estate, and distributes what remains to the beneficiaries named in the will, strictly according to its terms rather than according to any general rules of intestate succession. An executor who mismanages this process can face personal legal liability to the beneficiaries or creditors of the estate, which is why executors are generally advised to keep careful records throughout the administration.

A will's validity can be challenged on grounds such as the deceased lacking mental capacity when it was made, undue influence by another party, or improper execution, such as missing required witness signatures, any of which can delay or prevent a grant of probate from being issued until the court resolves the dispute. Most wills are never contested and the probate process proceeds routinely, but the possibility of a challenge is one reason wills are generally drafted with the specific formal requirements of the relevant jurisdiction carefully observed.

A bank holding a deceased customer's accounts will typically freeze them on notification of death and will not permit withdrawals, transfers, or account closures until a certified grant of probate is produced, which can create short-term cash flow difficulties for a surviving family even though the eventual inheritance itself is not in doubt. Many banks offer a limited exception allowing payment of funeral costs directly from a deceased customer's frozen account before probate is granted, recognizing that funeral expenses are typically due well before the probate process can realistically be completed.

Many jurisdictions offer a simplified process for small estates below a specified value threshold, allowing an executor or next of kin to collect and distribute assets without going through the full, more time-consuming probate application, provided the estate's total value and complexity fall within the relevant limits. This simplified route exists specifically to avoid imposing the full cost and delay of formal probate on modest estates where the administrative burden would otherwise be disproportionate to the value actually being transferred.

• Consumer Financial Protection Bureau