What Is A Grant Of Probate?

When a person dies you may need to get a Grant of Probate.  The Grant of Probate also proves the validity of the Will.

If the deceased didn’t leave a Will, this is called Grant of Letters of Administration.

You apply for both in the same way and they are commonly referred to as a Grant of Representation.

A Grant of Representation is issued from a Probate Registry (Court) and is a legal document.

The Grant of Representation allows the Executor/Administrator to deal with the assets (money, property, personal possessions, debts) in a deceased's estate, for example:

  • To close their bank accounts
  • To sell their property
  • To sell or transfer shares or investments
  • To pay their debts and expenses (mortgages, loans, credit cards etc)
  • Collect in any assets of the estate, (shares, pensions funds etc ) and
  • To Distribute assets in line with the Will, or if there is no Will the Government set Rules of Intestacy

Executors are the person or people named in the Will to administer the estate - carry out the deceased person’s wishes in their Will.

Administrators are appointed where there is no Will or no valid appointment of Executors in the Will.

When Do I Need A Grant Of Probate?

A Grant of Representation is almost always needed when the person who died leaves one or more of the following: -

  • £5,000 or more
  • stocks or shares
  • certain insurance policies
  • property or land held in their sole name, or as 'Tenants in Common'

In most cases above, the bank or relevant financial institution will need to see the Grant of Representation before transferring control of the assets.  However, if the estate is small some organisations, such as banks and building societies, may choose to release the money to you without a Grant.

When You May Not Need A Grant Of Representation?

You may not need a grant of representation if the deceased:

  • left less than £5,000
  • owned everything (land, bank accounts) jointly with someone else, such as their spouse or civil partner, and everything passes automatically to the surviving joint owner
  • Only had low value savings and premium bonds

To find out if the assets can be obtained without a Grant of Representation, the executor will need to write to each financial institution (e.g. bank) informing them of the death (supplying a copy of the death certificate) and ask if a Grant of Representation is required to access the assets held.

Unfortunately, every financial organisation has their own rules in relation to when they require a Grant of Representation to be obtained.

The Grant of Representation process in England and Wales follows these rules but the requirements in Scotland and Northern Ireland are different.

A Grant of Letters of Administration should always be obtained where there is no Will as the Administrator’s authority to act in the estate comes from the Grant.

How Can Timms Help?

I am a Solicitor based at Timms Ashby and Swadlincote office who helps clients through this process of administering their loved one’s estate.

If you require further help and advice please don't hesitate to contact me on 01530 564498 or email at m.lovell@timms-law.com.

Alternatively, you can visit the Wills and Probate section of our website here.