Grants of Probate
When a person dies
When a person dies, they usually leave an estate (including money, possessions and property) and sometimes a Will, which will specify among other things, who is to inherit the estate.
If they do not leave a Will, they are said to be Intestate. A Will names one or more people call executors, to be responsible for administering the estate, which includes collecting in all the money, paying any debts and tax owing by the estate, and distributing any legacies left to individuals or organisations, in accordance with the terms of the Will.
In order to access the estate, the executor needs to apply to the Probate Registry for document called a Grant of Representation or a “grant”. The process is called probate.
There are two main types of grant. Firstly a Grant of Probate, where there is a valid Will. Secondly, if there is no valid Will, (an intestacy), a Grant of Letters of Administration.
The grant establishes who can legally administer the estate, and collect money from the banks, building societies and other organisation which holds assets belonging to the deceased person.
The Probate Registry processes applications for grants through England and Wales.
The information that we are supplying is basic and refers to the law in England and Wales. If the deceased person lived in Scotland, Northern Ireland or another other country when they died, you will need to contact a Court in the appropriate country.
There are non exhaustive situations which can lead to the probate process and estate administration becoming complicated, some of which are not immediately apparent following the deceased’s death. Before assuming responsibility for obtaining a grant, please contact our Wills Trusts and Probate Department. We will deal with your enquiry in a sensitive and professional manner.
How do I know if a Grant is needed?
Some estates may not need a grant if:
- The home is the main asset and is held in joint names and is passing by survivorship to the other joint owner(s), (such as is often the case with married couple and registered civil partnerships) and the other assets or savings are small in value.
- There is a joint bank or building society account. In this case, the bank may only need to see the death certificate, in order to arrange for the money to be transferred to the other joint owner. However, a grant may be needed to access assets held in other bank accounts or insurance policies.
- The amount held in an account is very small. You will need to check with the organisations (banks, building societies or insurance companies) involved to find out if they will release the assets with out a grant.
If none of the circumstances above apply, a grant will be required.
Who should apply for the grant?
Usually, the Will names executor(s) to administer the estate and apply for the grant. If a number of family members are named in the Will you can decide between you who should apply. More than one person can apply.
If there is no Will, there are rules which specify who can make the application, and this is usually a surviving spouse or closet blood relative.
Whoever applies needs to be over 18 and should be prepared to take on the role of collecting money from the banks, building societies and other organisations and transferring it to the people names in the Will.