Obtaining Grant of Probate — Probate Application Service

We Obtain the Grant of Probate So You Can Administer the Estate Yourself

This service is for executors who have been named in a will and are confident and willing to administer the estate themselves — but want professional support to obtain the Grant of Probate or Letters of Administration from the Probate Registry.

Obtaining the grant is the most complex and most regulated part of the probate process. It involves valuing the estate, completing the HMRC inheritance tax account, paying any inheritance tax due before the application can proceed, and submitting the formal application to the Probate Registry. Getting any of this wrong can cause significant delays.

Once we have obtained the grant, we hand it to you so you can proceed with collecting the assets, settling the liabilities and distributing the estate to the beneficiaries. If at any stage you decide you would prefer us to handle the administration as well, we can move to our full administration service.

Walter Dawson & Son is licensed by the Institute of Chartered Accountants in England and Wales to carry out non-contentious probate in England and Wales.

We Obtain the Grant of Probate So You Can Administer the Estate Yourself

What This Service Covers

Taking your instructions

Understanding the estate, confirming the will and any codicils, identifying the assets and liabilities, and advising on the probate process

Advising on the will and codicils

Reviewing the will for validity and effect, confirming the executors and beneficiaries, and advising on any issues that could affect the application

Obtaining valuations of all assets and liabilities

Establishing the value of the estate at the date of death by contacting banks, investment providers, pension administrators, HMRC and other institutions

Calculating inheritance tax and completing HMRC forms

Preparing the HMRC inheritance tax account, calculating any IHT due, and advising on payment before the probate application can be submitted. For current IHT thresholds visit gov.uk/inheritance-tax

Completing and submitting the probate application

Preparing and submitting the probate application to the Probate Registry, including the PA1P (with will) or PA1A (without will) application form and supporting documents

Obtaining the sealed Grant of Probate or Letters of Administration

Receiving the grant from the Probate Registry and providing you with the certified copies you will need to deal with banks, institutions and the Land Registry

What You Handle After the Grant

Once the grant is obtained, you as executor will need to:

Use the grant to collect in the estate assets — contacting banks, investment providers and other institutions to close accounts and receive the funds
Arrange the sale or transfer of any property in the estate, using a conveyancing solicitor
Settle any outstanding debts, funeral expenses and administration costs
Deal with any outstanding personal tax returns for the deceased and any income tax or capital gains tax arising during the administration period
Prepare or obtain estate accounts showing what has been received and paid out
Distribute the net estate to the beneficiaries in accordance with the will or the rules of intestacy

If at any point you find the administration more complex or time-consuming than anticipated, or if any issues arise, we can assist — either on an ad hoc basis or by taking over the full administration on your behalf.

Would you prefer us to handle the whole estate?

What is inheritance tax and does it apply to the estate?

Inheritance Tax is charged on the value of an estate above the available nil-rate bands. Not all estates pay IHT. We calculate the IHT position and prepare the HMRC inheritance tax return as part of the grant application process. For current IHT thresholds visit gov.uk/inheritance-tax or speak to our tax team.

What if I find the estate too complex to administer myself?

If after receiving the grant you find that the administration is more complex or time-consuming than anticipated, please contact us. We can assist on a specific matter or take over the full administration of the estate on your behalf, with fees calculated on the same time-spent basis.

How long does obtaining the grant take?

We estimate six to twelve months from instruction to obtaining the sealed grant, depending on the complexity of the estate and current Probate Registry processing times. Delays are most commonly caused by difficulties obtaining asset valuations, HMRC queries on the inheritance tax account, or Probate Registry processing backlogs.

Can I apply for probate without professional help?

Yes, you can make a personal application directly to the Probate Registry. However, the process involves preparing the HMRC inheritance tax account, calculating any tax due, and completing the formal application correctly. Errors or omissions can cause delays of several months and may result in penalties. Many executors prefer to use a professional for at least the application stage, even if they intend to administer the estate themselves once the grant is obtained.

What is the difference between a Grant of Probate and Letters of Administration?

A Grant of Probate is issued where the deceased left a valid will with named executors who are willing and able to act. Letters of Administration are issued where there is no valid will, or where the named executors cannot or will not act. Both documents authorise the holder to deal with the deceased’s estate. The key difference is the basis on which they are obtained and, in intestate cases, who is entitled to apply.

Do I need a solicitor to obtain probate?

No. You can apply for probate yourself via a personal application directly to the Probate Registry, or you can instruct a licensed probate provider. Walter Dawson & Son is licensed by the ICAEW to carry out non-contentious probate as a reserved legal activity. This means we can obtain the Grant of Probate on your behalf as a direct alternative to a solicitor. Solicitors are generally required only where the probate is contested.

Regulatory Information

Walter Dawson & Son is licensed by the Institute of Chartered Accountants in England and Wales to carry out non-contentious probate in England and Wales.

In the unlikely event that we cannot meet our liabilities to you, you may be able to seek a grant from ICAEW’s Probate Compensation Scheme. Generally, applications for a grant must be made to ICAEW within twelve months of the time you become aware, or reasonably ought to have been aware of the loss. Further information about the scheme and the circumstances in which grants may be made is available on ICAEW’s website: www.icaew.com/probate

Complaints

If you would like to talk to us about how we can improve our service to you, or if you are unhappy with the service you are receiving, please let us know by contacting Richard Hall, Head of Legal Practice. We will consider carefully any complaint that you may make about our probate services as soon as we receive it and will do all we can to resolve the issue. We will acknowledge your complaint within five business days of its receipt and endeavour to deal with it within eight weeks. Any complaint should be submitted to us by letter.

If we do not deal with it within this timescale or you are unhappy with our response, you may take the matter up with our professional body, the ICAEW, and the Legal Ombudsman. Complaints to the Legal Ombudsman should be made within six years of the act or omission, or within three years of you becoming aware of the issue, and in either case within six months of our written response to your complaint.

The contact details for the Legal Ombudsman are:

Letter: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ

Email: enquiries@legalombudsman.org.uk

Telephone: 0300 555 0333