Updated
GL-G-06
01 / In 30 seconds
The short answer
- 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
02 / In plain words
What Grant of Probate means
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.
A case from practice
In a client’s family, the assets were in several countries and the heirs did not know the full list. We worked through the situation together with specialist lawyers: drawing up a map of the assets and consistent wills took weeks, while their absence would have cost the heirs months.
When people encounter it
- Inheriting foreign assets
- Access to the deceased’s accounts
- Re-registering real estate
- Inheriting shareholdings in companies
- Planning the transfer of capital
- Making an international will
03 / What it covers
What the procedure includes
Powers
- Executor of the will
- An administrator where there is none
- Confirmation by the court
Property
- Establishing the composition
- Valuing the assets
- Identifying liabilities
Taxes
- Calculating inheritance tax
- Payment before distribution
- Reporting
International
- A procedure in each country
- Recognition of documents
- Legalisation and translations
04 / How it works
How the process works
Establishing the composition of the estate
Applying to the court
Confirmation of authority
Payment of taxes and debts
Distribution to the heirs
05 / Key facts
What you need to know
01
Without the document, access to the deceased’s assets is blocked
02
A procedure may be required in each country separately
03
It takes months, and longer in complex cases
04
Taxes are usually paid before distribution
05
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
06 / Expert advice
How to prepare in advance
The will is drawn up taking into account the law of every country where there are assets — sometimes it is wiser to have several mutually consistent documents. The heirs are left a clear list: what is where, who the advisers are, how to gain access. It is the absence of such a map that most often turns inheritance into a quest lasting years.
What we do for you. 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.
Anna KovalevskayaLead lawyer for EU citizenship and residency, 12 years of practice
07 / Questions
Frequently asked questions
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.
The executor of the will or, where there is none, an administrator of the estate appointed by the court.
Often, yes: assets in different jurisdictions frequently require a separate procedure under local rules.
Usually months. Where there are assets in several countries and a complex estate — considerably longer.
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.
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.
INITIAL ASSESSMENT
Tell us what outcome your family needs
We will design a solution for your case, choose the country and the right status, and take the whole process through to the result.
