A Grant of Representation is a legal document which you obtain from the Court which confirms the name of the person who has authority to administer the deceased’s estate. There are two types of Grants:

This will depend on the value of the estate, the type of assets in the estate and how those assets are held (whether in the deceased’s sole name or in joint names with another person).  If the amount of money held in banks, building societies etc is over the probate threshold commonly between £5,000 – £50,000, then Probate is likely needed.  This threshold can differ though with financial institutions, and they can still request a Grant of Probate/Grant of Letters of Administration before releasing the money, even if the value is less.   Probate will definitely be needed if the deceased owned a property in their sole name and likely, if they held stocks and shares in their sole name and they need to be sold or transferred to the beneficiaries.

This is the Grant which you obtain if there is a Will. The Grant of Probate document proves the Will is valid (if there is one) and allows the Executor named in the Will to administer the estate.

It is the Executor’s responsibility to apply for the Grant of Probate and they will be named on the Will.

Once you have valued the estate if there is no Inheritance Tax to pay, you can proceed to complete the probate application online or if you do not qualify to apply online prepare application form PA1P.

If there is inheritance tax to pay, then you need to wait for HMRC to send a code to confirm that the Inheritance Tax account has been processed.  You will need this code for your probate application. Once you have this code, you can then proceed to prepare the probate application online or if you do not qualify to apply online prepare the application form PA1P.

Once you have received the Grant of Probate, the Executor can then start closing accounts, collecting assets, selling any properties, settling debts, preparing estate accounts and distributing the estate in accordance with their loved ones wishes within the Will.

If there is no Will, then you need to obtain a “Grant of Letters of Administration” by applying to the Probate Registry.  These are issued to the person who is entitled to inherit under the Intestacy Rules, which is usually the next of kin. They then become the Administrator of the estate

Once you have valued the estate if there is no Inheritance Tax to pay, you can proceed to complete the probate application online or if you do not qualify to apply online prepare application PA1A.

If there is inheritance tax to pay, then you need to complete and file form IHT400 with HMRC and pay all Inheritance Tax which you are liable to pay. You then need to wait for HMRC to send a code to confirm that the Inheritance Tax account has been processed. You will need this code for your Letters of Administration application. Once you have this code, you can then proceed to prepare this application online or if you do not qualify to apply online prepare the application form PA1A.

Once you have received the Letters of Administration, the Administrator can then start closing accounts, collecting assets, selling any properties, settling debts, preparing estate accounts and distributing the estate in accordance with their loved ones wishes within the Will.

It is possible for you to deal with Probate yourself, but it can be stressful or overwhelming, and sometimes complicated. It also carries risk because as an Executor/Administrator you will be personally responsible for making sure the estate is dealt with correctly such as interpreting the rules of intestacy or the terms of the Will, reporting to HMRC, declaring the estate position to the Court, dealing with any unpaid debts or if the beneficiary does not receive the correct inheritance. To avoid any stress or risk to you, you can always instruct a firm of solicitors to deal with this on your behalf. My Probate Solicitors are here to help, and we will support you throughout the journey.

This note is not intended to give specific legal advice and is prepared by My Probate Legal Limited trading as My Probate Solicitors, a limited liability company registered in England and Wales under registration number 15337116. Registered office: Centurion House, 129  Deansgate, Manchester, M3 3WR. Authorised and regulated (under SRA number 8007072) by the Solicitors Regulation Authority.