This guide explains the process in plain English. It is not legal advice. For complex situations, consult a qualified solicitor.
What Is a Grant of Representation?
A Grant of Representation is the legal document issued by the Probate Registry (part of His Majesty's Courts and Tribunals Service) that gives a person the formal authority to deal with a deceased's estate. Without it, banks, the Land Registry, investment platforms, and most other institutions will not release assets or act on your instructions -- no matter how clear your entitlement appears to be. "Grant of Representation" is the umbrella term for three different types of document, each issued in different circumstances.
The three types of Grant of Representation
1. Grant of Probate
A Grant of Probate is the most common type. It is issued to the executor or executors named in a valid will who are willing and able to act. The grant confirms that the will is valid and that the named executor has authority to administer the estate according to its terms. If a will names multiple executors, all of them or any subset can apply (up to four at a time under the current rules).
2. Letters of Administration
Letters of Administration are issued when there is no valid will -- that is, when the deceased died intestate. They are also issued when there is a will but all the named executors have died, lost capacity, or formally renounced the role. The administrator is typically the person with the highest priority under the Non-Contentious Probate Rules 1987, which generally means a surviving spouse or civil partner first, then children, then other family members in a fixed order.
An administrator appointed under Letters of Administration has essentially the same powers as an executor, but they must distribute the estate in accordance with the intestacy rules rather than a will.
3. Letters of Administration with Will Annexed
This form of grant is used when there is a valid will but no executor is available to act -- for example, where no executor was named, the named executor has died without having taken out the grant, or the named executor lacks capacity. The grant gives authority to administer the estate in accordance with the will, even though the person acting is not the named executor. The appointed administrator must still follow the terms of the will when distributing the estate.
What the grant actually does
The Grant of Representation is, in practical terms, your evidence of authority. When you present a sealed copy to a bank, the Land Registry, or an investment platform, it proves that you are legally entitled to give instructions regarding the estate. Without it:
- Banks will not release funds above their own internal threshold
- The Land Registry will not transfer or register property
- Most investment platforms will not transfer or sell holdings
- The estate cannot formally be distributed to beneficiaries
The grant does not give you any authority over assets that pass outside the estate -- jointly held assets passing by survivorship, life insurance written in trust, or pension death benefits paid at the trustees' discretion all pass without a grant.
When a grant is not required
Not every estate needs a Grant of Representation. You may be able to deal with some or all assets without one in the following circumstances:
- Jointly held assets: Property or bank accounts held as joint tenants pass automatically to the surviving owner by survivorship, without a grant.
- Life insurance written in trust: The proceeds are paid directly to the trust beneficiaries, outside the estate.
- Pension death benefits: Most workplace and personal pensions are written under discretionary trust. The trustees pay the death benefit to their chosen recipient -- usually the surviving spouse or dependant -- without reference to the estate.
- Small estates: Many banks and building societies will release funds below a set threshold without requiring a grant -- typically between £5,000 and £50,000 depending on the institution. Our guide to bank probate thresholds lists these limits by bank.
How to apply for a Grant of Representation
Applications are made using either form PA1P (where there is a will) or PA1A (where there is no will). You can apply:
- Online via the MyHMCTS portal at hmcts.gov.uk -- this is the most straightforward route for straightforward applications.
- By post to the nearest district probate registry.
Before you can apply, you will need to have valued the estate and, if inheritance tax is due, submitted the relevant HMRC forms and arranged to pay at least the first instalment. Our guide on how to apply for probate covers the full step-by-step process.
The current court fee is £300 for estates valued above £5,000. There is no fee for estates worth £5,000 or less.
Sealed copies: why you need more than one
The Probate Registry issues the grant itself as the official document. To use it with multiple institutions simultaneously, you order sealed copies at the time of application. Each sealed copy is an official copy bearing the court seal and costs £16. A sealed copy has the same legal force as the original for dealing with banks, the Land Registry, and other bodies.
Order enough copies upfront -- typically 10 to 15 for an estate with several financial accounts and a property. Ordering them later requires a separate application and adds delay.
How long does it take?
HMCTS currently processes straightforward grant applications within 8 to 16 weeks of receiving a complete application, though processing times vary. Complex estates, those requiring correspondence with the registry, or those where documents are missing will take longer. Starting the application promptly and ensuring all documents are complete before submitting will minimise delays.
For more on what to do once the grant arrives, see our guide to what to do after probate is granted. If there is no will, our guide to Letters of Administration covers the intestacy process in more detail. And if you are unsure whether you are acting as executor or administrator, see our guide to executor vs administrator.
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