What Is a Grant of Probate and Why Do I Need One?

06 AUGUST 2025 PROBATE & DECEASED ESTATES
What Is a Grant of Probate and Why Do I Need One?

Losing a loved one is never easy, and dealing with their estate can feel like just another layer of stress. If you’ve been named as the executor in someone’s will, or you’re trying to manage their affairs after they’ve passed, you’ve probably come across the term “Grant of Probate.” But what exactly does it mean—and do you actually need one?

At Fox & Staniland Lawyers, we help families navigate this process with care, clarity, and compassion. Here’s a simple guide to what a Grant of Probate is and when it’s needed.

What Is a Grant of Probate?

A Grant of Probate is an official document that gives you legal authority to manage a person’s estate after they’ve passed away. That includes accessing bank accounts, selling property, paying debts, and distributing assets according to their will.

If the person didn’t leave a valid will, the process is a bit different. You’ll apply for what’s called Letters of Administration, and the law will decide who’s responsible for managing the estate and who inherits.

When Do You Need Probate?

Not every estate needs probate, but it’s often required when:

  • The person owned a house or land in their name
  • There’s a significant amount of money in bank or investment accounts
  • Institutions like banks, share registries, or insurance companies ask for it

If all the assets were held jointly (like with a spouse), probate might not be necessary. But it really depends on the specific situation.

Why Is Probate Important?

Probate gives you the legal green light to act on behalf of the estate. Without it, banks and other organisations may refuse to release funds, and you could run into delays or legal issues when trying to manage or distribute assets.

It also protects you as the executor—confirming that you’re the person legally allowed to handle the estate.

How Fox & Staniland Lawyers Can Help

At Fox & Staniland, we know how overwhelming the probate process can feel—especially during a time of grief. Our experienced probate lawyers can guide you through the entire process, helping with:

  • Preparing and submitting all necessary paperwork
  • Valuing the estate
  • Communicating with banks, real estate agents, and other third parties
  • Resolving any disputes that may arise between family members or beneficiaries

We’re here to make the process easier and take the pressure off you.

Need help with probate?
Get in touch with Fox & Staniland Lawyers today. We’ll explain everything in plain English, offer practical advice, and make sure the estate is managed properly and respectfully—just as your loved one would have wanted.