What is a Grant of Probate?

Navigating the legal process after losing a loved one can be overwhelming. For many individuals, understanding what a grant of probate is and why it’s necessary can feel like one of the most daunting tasks. Whether you’re handling a small estate or a more complex one, having clear insight into this area is essential. This guide breaks down everything you need to know about grants of probate and explains how a probate lawyer can assist you in this process with expertise and care.

Jump to article sections:

1. What is a Grant of Probate and Why is it Necessary?
2. When Do You Need a Grant of Probate?
3. Step-by-Step Guide to Applying for a Grant of Probate
4. How Long Does It Take to Obtain a Grant of Probate?
5. How Fricker Law Can Help You with Probate Matters

1. What is a Grant of Probate and Why is it Necessary?

A grant of probate is a legal document issued by a probate court, giving the personal representative (also referred to as executor) the authority to manage and distribute the estate of a deceased person in accordance with their will. Think of it as a formal approval that allows the personal representative to handle the deceased’s assets, close accounts, and take care of debts and taxes.

Without this grant, financial institutions, government offices, and other asset holders may not release the deceased’s property, such as bank funds, investments, or real estate, to the personal representative. Essentially, the grant ensures that all dealings with the estate are carried out legally and in a way that respects the wishes outlined in the will.

For families managing the estate of a recently passed loved one, the grant provides clarity and legal standing during what can otherwise be a complicated and emotional process.

2. When Do You Need a Grant of Probate?

Not all estates require a grant of probate. It mainly depends on the size and type of assets left behind. Here are some common situations where a grant of probate is necessary:

• Property Ownership: If the deceased owned property solely in their name, probate is generally required to transfer ownership.
• Bank Accounts: Many banks won’t release funds over a certain threshold without seeing a grant of probate.
• Investments and Stocks: Financial institutions often require a grant before handing over control of these assets.

However, there are exceptions. If most assets are jointly owned—such as a house owned by a surviving spouse or a joint bank account—probate may not be required because the assets pass automatically to the co-owner. Smaller estates, where the total value of the assets doesn’t exceed a specific amount (which varies by jurisdiction), might also be exempt.

In Wisconsin for example,  estates valued at $50,000 or less do not require probate. It’s important to consult with a probate lawyer to determine if you need a grant of probate in your specific case. Every situation is unique, and the need for probate can depend heavily on the estate’s structure and the legal requirements in your local area.

3. Step-by-Step Guide to Applying for a Grant of Probate

If probate is required, it’s crucial to understand the steps involved. While the process might seem intimidating at first, breaking it into manageable steps can help. Here’s a general guide:

1. Gather Key Documents
   Begin by locating the deceased’s original will (if they had one) and death certificate. These are essential for initiating the probate process.
2. Assess the Value of the Estate
   Identify all assets the deceased owned, including property, bank accounts, personal belongings, and investments. This also involves determining any debts, such as mortgages, loans, or unpaid bills.
3. Complete a Probate Application
   You’ll need to fill out the necessary probate forms, which vary depending on your region. Be prepared to include details about the estate’s value and any taxes owed.
4. Submit the Application to the Probate Registry
   Once completed, the forms and supporting documents are submitted to the probate registry. There’s typically an application fee, although exemptions may apply for smaller estates.
5. Receive the Grant of Probate
   If no objections or errors arise during the review process, the probate registry will issue the grant. This document allows you to begin managing and distributing the estate according to the will.

Mistakes, such as submitting incomplete forms or missing deadlines, can slow down the process significantly. Seeking professional assistance can help you avoid these pitfalls and ensure a smoother experience.

4. How Long Does It Take to Obtain a Grant of Probate?

The time required to obtain a grant of probate often depends on factors like the complexity of the estate and how quickly you can gather necessary documents.

On average, straightforward applications are processed within 4 to 8 weeks after submission. However, delays can occur if:

• The estate is unusually large or complex.
• There are disputes over the validity of the will.
• Errors or missing information are found in the application.

For larger estates involving property, multiple beneficiaries, or international assets, the probate timeline may extend several months. Being well-prepared and working with an experienced probate lawyer can significantly improve efficiency and reduce probate delays.

5. How Fricker Law Can Help You with Probate Matters

Obtaining a grant of probate is a necessary step when managing a loved one’s estate. While the process can feel complicated, understanding what’s involved—and knowing when to seek professional help—can make all the difference.

At Fricker Law Office in Milwaukee, we’re here to guide you through the process with care and expertise. Whether you need help determining whether probate is required, completing the application, or resolving complex estate matters, our team is ready to help.

Don’t take on this responsibility alone. Contact Fricker Law today for a personalized consultation with one of our Milwaukee probate lawyers and ensure your loved one’s wishes are honored while protecting your peace of mind.