Obtaining probate

Contents
1. What is probate? 2. Different terms associated with a deceased person’s estate 2.1. If the person who has died leaves a Will 2.2. If the person who has died didn’t leave a Will 3. Personal representative 4. Grant of representation 4.1. When a grant is needed 4.2. When a grant may not be needed 5. Probate and Inheritance Tax

'Probate' is a term commonly used when talking about applying for the right to deal with a deceased person's affairs (called 'administering the estate').

In practice, different terms are used, depending on whether or not the deceased person left a Will and where they lived. This information covers in England and Wales and Northern Ireland.

When a person dies leaving a Will, they are said to have died 'testate'. In this case, one or more ‘executors’ may be named in the Will to deal with the person’s affairs after their death. The executor applies for a ‘grant of probate of the Will’ from a section of the court known in England & Wales as the Probate Registry or in Northern Ireland the Probate Office of the Chancery Court.

The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the Will.

If there is no Will, the deceased is said to have died 'intestate' and a close relative of the deceased can apply to the Probate Registry to deal with the estate. In this case they commonly apply for a ‘grant of letters of administration’.

If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.

In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.

This is a general term which means executor or administrator.

This is a general term which includes grants of probate and grants of letters of administration.

A grant is almost always needed when the person who dies leaves one or more of the following:

• £5,000 or more
• Stocks or shares
• Certain insurance policies
• Property or land held in their own name or as ‘tenants in common’

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However, if the estate is small, some organisations, such as insurance companies and building societies, may release the money to you at their discretion.

A grant of representation may not be needed where:

• The person who died left a total estate not exceeding £5,000
• They owned everything jointly with someone else and everything passes automatically to the surviving joint owner

To establish whether the assets can be obtained without a grant, the executor or administrator would need to write to each institution informing them of the death and enclosing a photocopy of the death certificate (and Will if there is one).

The relevant court will not issue any form of grant to a personal representative until some or all of any Inheritance Tax that is due on the estate has been paid.