When contesting a will, the first step is often to find out if probate has been granted. In this article we explain how to find out if probate has been granted and how you can stop it.
A grant of probate (or grant of letters of administration if the deceased person died intestate) is the legal document that authorises the executor to administer the deceased’s estate.
You can obtain a copy of the grant by using the Government’s online search tool, or by completing Form PA1S. If probate has been granted, you will be provided with a copy of the grant and the will (if there is one).
If grant of probate has not yet been issued, you can lodge a "standing search" with the Probate Registry. This is also done by Form PA1S. A standing search will remain in place for six months (it can be renewed if needed) and should a grant of probate be issued during that period, you will be sent a copy.
A grant is not always required. Probate may not be required if all of the deceased’s assets were held jointly and pass by survivorship or if their estate is of limited value.
You can prevent a grant of probate or grant of administration by lodging a caveat at the Probate Registry. Once a caveat is in place, the executor will not be able to administer the estate until it has been removed. It will remain in place for six months and it can be renewed if needed.
For more information on when and how to enter a caveat, see our Caveats and Probate page.
We produce a range of insights and publications to help keep our clients up-to-date with legal and sector developments.
Sign up
