When someone dies, their estate may need to go through probate before their money, property and possessions can be dealt with. If you are a family member, beneficiary or executor, you may want to check whether probate has already been granted.
You can usually do this by searching probate records for England and Wales. These records can show whether legal authority has been given for someone to deal with the estate.
In this guide, we explain how to check if probate has been granted, what information you may find, and what to do if no record appears. If you are dealing with an estate and are unsure what steps to take, our Probate and Estate Administration team can help you understand your responsibilities.
What does it mean when probate has been granted?
When probate has been granted, it means legal authority has been issued for someone to administer the estate.
If there is a valid will, this authority is usually given to the executors named in the will. If there is no will, a close relative may be able to apply to deal with the estate instead.
Once probate has been granted, the executor or administrator can usually begin collecting assets, closing accounts, dealing with property, paying debts and distributing the estate to beneficiaries.
If you have been named as an executor and are unsure what your role involves, you may also find our guide on what an executor of a will does helpful.
How can I check if probate has been granted?
You can check whether probate has been granted by searching probate records for England and Wales.
To search, you will usually need:
- The full name of the person who died
- The year they died
- Any other details that may help identify the correct record
If probate has been granted, the record may show the date it was issued, the type of grant and the person who has authority to deal with the estate.
If you cannot find a record straight away, it does not always mean probate has not been granted. Probate records are usually listed under the year the grant was issued, which may be later than the year the person died. Probate records may also not appear immediately after the grant is issued, so it may be worth checking again at a later date.
What is a grant of representation?
A grant of representation is the legal document that confirms who can deal with an estate.
There are different types, including:
- Grant of probate, where there is a valid will and named executors
- Letters of administration, where there is no valid will
- Letters of administration with will annexed, where there is a will but the named executor cannot or will not act
When people say probate has been granted, they are usually referring to a grant of probate. However, grant of representation is the wider term for the legal authority to administer an estate.
Can I see the will once probate has been granted?
In many cases, yes. Once probate has been granted, the will may become available as part of the probate record.
This can be useful if you are a beneficiary, family member or someone who needs to understand who has been appointed to deal with the estate.
However, not every probate record includes a will. This will depend on the type of grant issued and the circumstances of the estate.
If you are thinking about making a will or updating an existing one, our Wills team can help make sure your wishes are clearly recorded.
What information does a probate record show?
A probate record may show:
- The name of the person who died
- The date of death
- The date probate was granted
- The type of grant issued
- The name of the executor or administrator
- Whether a will is available
This can help you understand whether the estate administration has formally begun and who is responsible for dealing with it.
What if probate has not been granted yet?
If no probate record appears, there may be a simple reason. The application may not have been made yet, the estate may still be valued, or the application may still be processing.
Probate may also not be needed for every estate. This can depend on the assets involved, how they were owned and the requirements of banks, financial providers or other organisations holding those assets.
For example, probate may not always be needed where assets were jointly owned and pass automatically to the surviving owner. However, probate is more likely to be needed where the person who died owned property in their sole name, held investments, or had assets that banks or financial providers will not release without formal authority.
What happens after probate has been granted?
After probate has been granted, the executor or administrator can usually move forward with managing the estate.
This may include closing bank accounts, collecting money owed to the estate, selling or transferring property, paying debts, dealing with tax and distributing inheritance.
The person dealing with the estate must keep clear records and act in the best interests of the beneficiaries. If there are disagreements between executors or beneficiaries, or if someone is unsure who should be dealing with the estate, legal advice can help clarify the next steps.
When should you speak to a solicitor?
You may want to speak to a solicitor if you are unsure whether probate has been granted, cannot find a probate record, or have concerns about how an estate is being handled.
Legal advice can also be helpful if you have been named as an executor and do not know what to do next, or if the estate includes property, investments, business assets or family disagreements.
Our Probate and Estate Administration solicitors can help with probate applications, estate administration and executor responsibilities.
Need help with probate or estate administration?
Dealing with probate can feel confusing, especially if you are unsure whether it has been granted or what steps should happen next.
At John Fowlers Solicitors, our team can help with probate applications, estate administration, executor responsibilities and related wills and inheritance matters.
If you need advice about probate, please contact our team today.