Grant of Probate
Grant of probate
- What it is
- A court document confirming authority to deal with the estate
- Why it is needed
- Without it, banks and registrars will not give access to the deceased’s assets
- Who receives it
- The executor of the will or an administrator appointed by the court
- How long it takes
- Usually months, and longer where there are assets in several countries
- The main difficulty
- Assets in different jurisdictions may require separate procedures
In plain words
A grant of probate is a court document confirming authority to deal with the property of a deceased person. It is issued to the executor of the will or, if there is no will or no executor has been appointed, to an administrator of the estate determined by the court. The concept is typical of common law countries, but similar procedures exist everywhere.
Without such a document, access to the assets is blocked: the bank will not release funds from the account, the registrar will not re-register the real estate, and the broker will not allow the securities to be dealt with. The procedure includes confirming the validity of the will, establishing the composition of the estate, calculating and paying the taxes, and only then distributing it among the heirs.
The main difficulty arises in international situations. If the assets are in several countries, a procedure is often required in each of them separately, under local rules and with local documents. This takes months, sometimes more than a year, and throughout that time the heirs cannot deal with the property. Planning ahead — a will that takes into account the law of every country, a well-thought-out ownership structure, a list of assets the heirs can understand — shortens this path fundamentally.
When people encounter it
What the procedure includes
- Executor of the will
- An administrator where there is none
- Confirmation by the court
- Establishing the composition
- Valuing the assets
- Identifying liabilities
- Calculating inheritance tax
- Payment before distribution
- Reporting
- A procedure in each country
- Recognition of documents
- Legalisation and translations
How the process works
- 01Establishing the composition of the estate
- 02Applying to the court
- 03Confirmation of authority
- 04Payment of taxes and debts
- 05Distribution to the heirs
What you need to know
- Without the document, access to the deceased’s assets is blocked
- A procedure may be required in each country separately
- It takes months, and longer in complex cases
- Taxes are usually paid before distribution
- Having a will makes the process noticeably simpler
Common mistakes
- Not making a will when there are assets in different countries
- Not taking into account the law of every country where there is property
- Not leaving the heirs a list of assets
- Ignoring forced heirship rules
- Putting off succession planning
What this means for a BRIDGES client
When relocating, we raise the question of inheritance: where the assets are, under which law they will be inherited and whether the heirs know about it. It is an unpleasant subject, but it has to be dealt with during one’s lifetime — afterwards there are no tools left.
Frequently asked questions
01 /What is a grant of probate?
A court document confirming authority to deal with the property of a deceased person: to gain access to accounts, re-register assets and distribute the estate.
02 /Who receives it?
The executor of the will or, where there is none, an administrator of the estate appointed by the court.
03 /Is it needed in every country?
Often, yes: assets in different jurisdictions frequently require a separate procedure under local rules.
04 /How long does it take?
Usually months. Where there are assets in several countries and a complex estate — considerably longer.
05 /What if there is no will?
The estate passes under the law of the relevant country, and the court appoints an administrator. The process is, as a rule, longer and more complex.
06 /How can this be made simpler for the heirs?
Make a will that takes into account the law of every country, think through the ownership structure and leave a clear list of assets and contacts.
See also
Read next
This material has undergone editorial review by BRIDGES.
Assets in several countries?
We will work through the inheritance picture and advise on what to put in place in advance.