What is a Grant of Representation and How to Apply
When someone dies, money, property, and possessions (known as their estate) must be collected, managed, and passed on to those entitled to inherit. To do this legally, an “entitled person” may need to apply for probate to obtain a Grant of Representation. That legally entitled person (or persons) is often referred to as a Personal Representative.
The Grant of Representation provides the Personal Representative with the legal authority to deal with the estate and can be one of two documents: a Grant of Probate or Letters of Administration.
The Two Types of Grant of Representation
When applying for probate the type of Grant of Representation is relevant because the process for each is different.
If there is a will, the executor or executors named in the will can apply for a Grant of Probate and will become the Personal Representatives.
If there is no will, an invalid will, if the will does not appoint an executor or the named executor cannot or will not act, the ‘entitled person’ will need to apply for Letters of Administration. The Law of Intestacy dictates the rules to identify the entitled person (s) with the legal right to apply for Letters of Administration.
Both probate application routes result in a Grant of Representation which will provide the legal authority to administer the deceased’s estate.
Although the application process differs depending on the type of Grant of Representation the steps before application are broadly the same: you must confirm who is entitled to apply, value the estate, and calculate inheritance tax (IHT).
The Difference Between a Grant of Probate and Letters of Administration
In summary, the type of Grant of Representation required will be either.
- Grant of Probate: If the deceased left a valid will, the executors named in the will must apply for probate. The document they receive is called a Grant of Probate. Once issued, it allows the executors to collect the deceased’s money, sell property, pay debts and taxes, and distribute what remains to the beneficiaries.
- Letters of Administration: If the deceased did not leave a valid will, or the will does not name an executor, or none of the executors are willing to act, then someone must apply for Letters of Administration. The intestacy rules set out who has priority. After the Probate Registry issues the Letters of Administration, the administrator takes on the same duties as an executor.
What Must Be Done Before Applying for a Grant of Representation?
Whether applying for a either Grant of Probate or Letters you need to carry out certain steps first. These tasks are broadly the same, regardless of whether the deceased has left a will or not. If you are unsure how to apply for probate, these steps are the starting point for either type of application.
Determine who can apply
If the deceased left a will, you need to identify the executors named in it. They must agree on who will act, as not all executors have to apply. Sometimes an executor may choose to step back so that the others can proceed.
If there is no will, you must work out who has the legal right to apply as administrator under the intestacy rules. The spouse or civil partner usually comes first, followed by children and other close relatives.
Decide on the lead applicant
Even if several people are entitled to apply, only one person usually takes the lead in preparing and submitting the application. This avoids duplication and helps the Probate Registry process the paperwork more efficiently. Up to four people can be named on the grant, but in practice, it is often one or two who take responsibility.
Value the estate
You must prepare a full valuation of the estate, which means collecting details of all assets and liabilities. This includes property, bank accounts, savings, pensions, investments, insurance policies, personal possessions, and any outstanding debts.
Calculate inheritance tax (IHT)
You must determine whether inheritance tax is due. Even if the estate falls below the tax threshold, you usually need to submit the relevant probate forms to HMRC. Larger estates, or those where tax is payable, require more detailed reporting. The Probate Registry will not issue the Grant of Probate or Letters of Administration until you have settled at least the first instalment of any tax due.
The Two Routes to a Grant of Representation
The steps above apply to both applying for a Grant of Probate and Letters of Administration. Here we outline how the process differs.
How to Apply for Probate without a Will (Letters of Administration)
How to Apply for Probate with a Will (Grant of Probate)
Get Help from The Probate Network
If you’re unsure about how to apply for probate, it can be challenging to know where to begin. Consulting a specialist solicitor can make the entire process much easier from start to finish.
The Probate Network can connect you with experienced probate solicitors who will explain your options, guide you through the process, and make sure the estate is administered correctly. Contact The Probate Network today to get the right support.
