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Grant of Representation (Grant of Probate / Letters of Administration)

When someone dies, the people responsible for dealing with their estate — their executor or administrator — often need formal legal authority to do so. That authority comes from a Grant of Representation. It is the document that unlocks the estate — allowing banks to release funds, property to be transferred, and the administration to proceed. Understanding when it is needed, what form it takes, and how to obtain it is one of the most practical things an executor or administrator can know.

What a Grant of Representation is

A Grant of Representation is the umbrella term for the legal document issued by the Probate Registry — part of HM Courts & Tribunals Service — that gives a named individual the authority to deal with a deceased person's estate. Without it, most financial institutions will not release funds, property held in the deceased's sole name cannot be transferred, and the estate cannot be formally administered. It is, in practical terms, the key that opens the estate.

There are different forms of Grant, depending on the circumstances of the estate. The two most common are Grant of Probate and Letters of Administration.

GOV.UK — Applying for a Grant of Representation →

Grant of Probate

A Grant of Probate is issued where the deceased left a valid Will and there is an executor able and willing to act. The executor is named in the Will — but the Grant of Probate is what gives them the legal standing to deal with banks, institutions, HMRC, and the Land Registry on behalf of the estate. Without it, the executor's appointment in the Will is not enough — they need the Grant to prove their authority to third parties.

The Grant of Probate confirms that the Will has been proved — that it is the last valid Will of the deceased, and that the executor named within it is authorised to act. It is a public document. Once issued, anyone can apply to the Probate Registry to see it.

Letters of Administration

Letters of Administration are issued where there is no valid Will — where the deceased died intestate. In this case, there is no executor, and no Will to prove. Instead, an administrator is appointed — someone with the legal authority to deal with the estate in place of an executor. Who can apply as administrator, and in what order of priority, is governed by the Non-Contentious Probate Rules 1987. In most cases, the priority goes to the surviving spouse or civil partner first, then to children, then to other relatives in a defined order.

Where there is no Will, the estate is distributed according to the rules of intestacy — not according to anyone's wishes, because no wishes have been formally recorded. The intestacy rules determine who inherits, and in what proportions. These rules are covered in detail in the intestacy helpsheet — but the key point here is that dying without a Will does not simplify the administration. It frequently makes it more complicated.

Letters of Administration with Will Annexed

A third form of Grant exists for a less common but important situation — where there is a valid Will but no executor available to act. This might arise where the executor named in the Will has died, has lost capacity, has renounced their role, or where the Will fails to appoint an executor at all. In these circumstances, Letters of Administration with Will Annexed are issued. The Will is proved — it governs how the estate is distributed — but a different person is appointed to carry out the administration.

When a Grant is needed

A Grant of Representation is not always required. Whether one is needed depends on the nature and value of the assets in the estate, and the policies of the institutions holding them.

Usually requires a Grant:

• Property held in the deceased's sole name — the Land Registry requires a Grant before a transfer can be registered.

• Property held as tenants in common — the deceased's share does not pass automatically and requires a Grant to be dealt with.

• Bank and investment accounts above the institution's own threshold — most banks will not release funds above a certain amount without sight of the Grant.

• Share portfolios and investment accounts held in the deceased's sole name.

• Any asset where the institution requires proof of authority before releasing funds or transferring ownership.

May not require a Grant:

• Small estates — where the total value of assets is below the thresholds set by each institution. Every institution sets its own threshold. There is no universal figure. Each bank, building society, and institution must be contacted individually to establish its position.

• Assets held as joint tenants — these pass automatically to the surviving owner by right of survivorship, without the need for a Grant. The institution will typically require a death certificate, but not a Grant.

• Pensions — most pension funds pay death benefits directly to nominated beneficiaries outside the estate. No Grant is required for the pension itself, though the nomination should be checked carefully.

• Life insurance policies written in trust — these pay directly to the trust beneficiaries and do not form part of the estate. No Grant required.

• Assets held in trust — trust assets do not form part of the deceased's estate and are not subject to the Grant process.

"An executor's first task is often to contact every institution holding the deceased's assets and ask two things: what is the value of the account, and do you require a Grant of Representation to release it? The answers determine whether a Grant is needed at all — and if it is, what needs to be included in the estate accounts."

The application process

An application for a Grant of Representation is made to the Probate Registry. The application requires the original Will — if there is one — the death certificate, the completed application form, and the relevant Inheritance Tax forms where required.

From 13 July 2026, the probate application fee increased from £300 to £526 for estates valued at over £5,000 — a rise of 75%. There is no fee for estates below that threshold. The increase was introduced by the Ministry of Justice as part of wider court and tribunal fee reforms, intended to recover the cost of running and modernising the probate service.

Additional sealed copies of the Grant can be ordered at the time of application — and as of 13 July 2026, the cost of copies ordered alongside the application reduced from £16 to £2 per copy. This is worth taking advantage of. Most estates need multiple copies — banks, investment providers, the Land Registry, and other institutions each typically require one. Ordering enough copies upfront is considerably cheaper and faster than going back for more later. Most executors order between five and ten copies at the outset.

Fees can change. The figures above are correct as of July 2026. Probate fees are set by HM Courts & Tribunals Service and are subject to change. Always verify the current fee before submitting an application.

GOV.UK — Probate application and current fees →

Once the application is submitted and any IHT requirements are satisfied, the Grant is typically issued within a few weeks for straightforward estates — though complex estates, disputed Wills, or estates with significant IHT liabilities can take considerably longer. Current target processing times are eight to sixteen weeks depending on complexity. These times can vary and are worth checking at the point of application.

The IHT interaction — a practical problem

Where Inheritance Tax is due on an estate, it must generally be paid — or at least the first instalment paid — before the Probate Registry will issue the Grant. This creates a practical difficulty: the estate's assets may be needed to pay the IHT, but cannot be accessed without the Grant. The executor is effectively required to pay a tax bill before they have legal access to the funds to pay it.

There are mechanisms to address this. The IHT423 form allows IHT to be paid directly from the deceased's bank accounts — some banks participate in the Direct Payment Scheme and will release funds specifically for this purpose before the Grant is issued. Not all banks participate and not all accounts are eligible, but it is worth establishing the position early in the administration. Executors who do not have their own funds to cover the IHT liability while waiting for the Grant should investigate this route as a priority.

GOV.UK — IHT423 Direct Payment Scheme →

Contentious probate

Where the validity of a Will is disputed — on the grounds of lack of testamentary capacity, undue influence, fraud, or failure to comply with the formal requirements for execution — the matter may become contentious. Similarly, disputes about who should administer an estate, or whether a particular person should be excluded from doing so, can become contentious. Contentious probate is a specialist area of law, entirely separate from the standard Grant of Representation process, and requires specialist legal advice. It is beyond the scope of this help sheet — but worth knowing that the process exists and that disputes of this kind are more common than most families expect.

The executor's role

Obtaining the Grant of Representation is one step in a broader process. The executor's duties — collecting assets, paying debts, filing IHT returns, distributing the estate, and keeping accounts — are covered in detail in the Guide to being an Executor. The Grant is the authority that makes those duties possible. Without it, the process cannot formally begin.

A note on timing. There is no strict deadline for applying for a Grant of Representation — but IHT, where due, must be paid within six months of the end of the month in which the death occurred. Interest runs on unpaid IHT after that point. Executors should not delay the application unnecessarily, particularly where IHT is in play.