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Obtaining a Grant of Probate

Basic Guidelines

Someone has to deal with the estate of a person who has died, (i.e. the money, property and possessions left). Those so authorised collect in all the money, pay any debts and distribute what is left to those entitled to it. Probate is the issuing of a legal document to one or more persons authorising them to do this.

The document is called a 'grant of representation' and is issued by The Probate Registry.

There are three types of grant of representation:

1. Probate - issued to Executor/s named in the deceased's Will;

2. Letters of Administration (with a Will) - issued when there is a Will, but there is no Executor named, or the Executors are either unable or unwilling to be involved in dealing with the estate;

3. Letters of Administration - issued when there is no valid Will.

The need for a Grant

The grant of representation is proof that the person authorised by it is entitled to collect in and distribute the estate. Organisations holding money in the deceased's name need to know to whom that money should be paid, and the grant is proof that the person authorised by it may collect the money. The person named in the grant has the responsibility to distribute the estate to the correct people.

Who is entitled to a Grant?

  1. Executors named in a Will are the first people entitled to a grant.
  2. If there are no Executors or the Executors are unable or unwilling to apply, then any person named in the Will to whom the deceased gives all his estate, or the remainder after gifts have been paid is entitled to a grant.
  3. Where the deceased has not made a valid Will, his or her next of kin may make application for grant in the following order of priority:

1. Husband or wife
2. Sons or daughters
3. Parents
4. Brothers or sisters
5. More distant relatives

The Forms to use when applying for a grant.

The Probate Application Form – (asks for details of the deceased and Executors or personal representative).

Account of the Estate (cap44) - asks the Executors to give a full account of the deceased's estate, including: -

  1. The full value of all items, including any interest.
  2. Any money due from the deceased's employer.
  3. The full market value of any house.
  4. The value of household goods, jewellery and belongings (these should be shown as the amount for which they could be sold).

Documents required to be sent with the above forms

  1. The death certificate.
  2. The original Will (and/or any document in which the deceased expressed how his estate [or any part of it] is to be distributed)

N.B. It is important to make and keep a copy of any Will sent with the forms.

For the nearest Probate Registry contact:

The Probate Registry. 0171 936 6983

Post must NOT be sent to the local offices which will delay the application.

The Executors must attend at least one informal interview before a grant is issued and must state on the application form which is the most convenient place for them to attend. The interview normally takes place either at a Probate Registry or at one of its local offices. In most cases only one interview is required. The Executors will be asked to sign a form of oath, and to swear or affirm the information they have given is true to the best of their knowledge.

Fees for obtaining a Grant

In all cases a fee has to be paid. The amount of the fee depends on the size of the deceased’s estate, and cannot be worked out until the details are confirmed at the interview. The grant will not be issued until the fee is paid.

Paying Tax

If the deceased's estate is very close to or exceeds the limit at which tax becomes payable the account of the estate will be sent to the Capital Taxes Registry after the interview. In cases where Inheritance Tax is deemed payable by the Capital Taxes Registry a grant cannot be issued until the tax due has been paid.

Enquiry regarding tax should be referred to:

The Capital Taxes Registry
Minford House, Rockley Road, London W14 0DF
Tel: 0171 603 4622 Ext 204

Responsibilities of the Probate Registries

The Probate Registry is responsible for making sure that any Will produced appears to be properly made and that an applicant is entitled to be given a grant. The responsibility of the Probate Registry ends when the grant is issued.