What is a Grant of Representation?
A Grant of Representation is a legal document issued by the Probate Registry that officially authorises someone to manage and administer a deceased person’s estate. Essentially, it gives the holder the legal right to deal with the deceased’s assets, pay any debts, and distribute what remains according to their Will, or, if there is no Will, according to the rules of intestacy. Whilst obtaining the Grant is only the beginning of the estate administration process, it provides the legal foundation needed to handle an estate efficiently and with confidence.
Two main types of Grants of Representation can be issued, and the type of Grant you need depends on whether the deceased left a Will:
Grant of Probate
A Grant of Probate is a legal document issued when the deceased person left a valid Will. It can be used to access bank accounts, sell assets such as property, and settle debts. A Grant of Probate is only granted to the individuals named as an Executor in the Will.
Grant of Letters of Administration
A Grant of Letters of Administration is a legal document issued when the deceased person died intestate. This means that they died without leaving a valid Will. Letters of Administration are issued to the individual who is entitled to inherit under the laws of intestacy. Those responsible for this process are called Administrators.
Why is a Grant of Representation important?
Without a Grant of Representation, banks, building societies, and other institutions cannot release the deceased’s money or transfer property. It’s a legal safeguard that ensures only the authorised person can deal with the estate, helping to prevent fraud or mismanagement.
How to apply for a Grant of Representation
Before either type of Grant can be obtained, the death must first be registered.
Once this is done, the Executor or Administrator (also referred to as the Personal Representative) can begin compiling a detailed list of the deceased’s assets and liabilities. This process may involve valuing any property they owned, as well as considering any significant gifts they made during their lifetime. With a comprehensive inventory in place, the Personal Representative (PR) can then proceed to submit any necessary Inheritance Tax forms before applying for the Grant of Representation.
Applying for the Grant in the UK involves several steps:
1. Identifying the type of Grant needed
If the person who has died left a valid Will, a Grant of Probate will be needed. However, if they died without leaving a Will, a Grant of Letters of Administration will be needed.
2. Gathering the necessary documents
This typically includes the death certificate, the original Will (if one exists), and any other relevant documents, such as property deeds, bank statements, or investment records.
3. Collecting information about the estate
This involves gathering details of all assets, liabilities, and financial affairs to create a complete picture for the administration process.
4. Completing the probate application forms
The forms required will depend on the type of Grant that is needed. The forms can be obtained from the Probate Registry and completed.
5. Paying any Inheritance Tax
Applying for a Grant of Representation involves paying the relevant fees, dependent on the size of the estate. If the estate is valued at £5,000 or more, the application fee is £300. However, if the estate is valued at less than £5,000, there is no fee. Funding is available for those on low incomes or certain state benefits. The fees associated with obtaining a Grant can be found here.
6. Submitting the application to the Probate Registry
Once approved, the Grant is issued, giving legal authority to manage the estate.
How long does it take to get a Grant of Representation?
The time it takes to obtain a Grant of Representation can vary depending on the complexity of the estate and whether there are any complications. For straightforward estates with all documents in order, it typically takes four to eight weeks from the date of submission of the application. However, larger or more complex estates, such as those involving multiple properties, overseas assets, or unresolved tax matters, can take several months to process. Additionally, HMCTS backlogs can lead to a delay in obtaining the Grant.
It’s important to remember that obtaining a Grant of Representation is just the first step in the estate administration process. Once the Grant is in place, the PR must address other responsibilities, including settling any outstanding debts, handling taxes, and distributing the remaining assets to the beneficiaries. These subsequent steps can take additional time, depending on the complexity of the estate.
How Kings Court Trust can help
At Kings Court Trust, we guide families through every stage of the estate administration process. From assisting with the preparation and submission of the Grant of Representation application to valuing assets, handling debts, and ensuring all tax obligations are met, our experienced team makes what can be a complex and emotional process far more manageable. We provide clear, practical advice and personalised support, helping to ensure the estate is administered efficiently and in accordance with the law, so you can focus on what matters most during a difficult time.
