What Is a Grant of Representation? Your Plain-English Guide

A grant of representationis the legal document issued by the Probate Registry that gives a named individual the authority to deal with a deceased person's estate. Without it, banks will not release funds, property cannot be transferred, and assets cannot be distributed to beneficiaries. It is, in short, the key that unlocks an estate.

The grant is an umbrella term. Depending on whether the deceased left a valid will — and whether that will named working executors — a different type of grant applies. But whatever the type, the purpose is the same: to confirm in writing that a specific person has the legal right to act.

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The three types of grant of representation

Grant of Probate

A grant of probate applies when the deceased left a valid will and the executor named in that will is alive and willing to act. The grant confirms the executor's authority and validates the will itself. Most people use “probate” as shorthand for the entire process — though technically it refers specifically to this type.

Letters of Administration

Letters of Administration apply when there is no valid will — when the deceased died intestate. Because there is no will to name an executor, the Probate Registry appoints an administrator instead. Priority goes to the closest surviving relatives: spouse or civil partner first, then children, then parents, siblings, and so on down the intestacy hierarchy.

This is the type of grant most relevant to unclaimed estate research. When nobody steps forward to take out letters of administration — and no qualifying relative can be found — the estate eventually passes to the Crown as bona vacantia and is listed on the official unclaimed estates register.

Letters of Administration with Will Annexed

A less common variant. A will exists, but there is no executor available — perhaps the named executor died before the testator, or formally renounced the role. A court-appointed administrator steps in to carry out the instructions in the will. The estate is still distributed according to the deceased's wishes; only the person doing the administering changes.

When do you need a grant of representation?

Not every estate requires one. The key factor is the nature and value of the assets. A grant is generally needed when:

• The deceased owned property solely in their name
• A bank account holds more than the institution's threshold (typically £5,000–£50,000; varies by bank)
• Stocks and shares need to be sold or transferred
• Significant debts need to be settled with creditors

Certain assets pass outside the grant and do not require one at all:

• Jointly owned property (passes automatically to the surviving owner)
• Life insurance or pensions with a named beneficiary
• Assets held in trust
• Very small bank accounts below a bank's informal release threshold

For modest estates, it may be possible to obtain funds using a statutory declaration rather than a full grant. Most banks make this call themselves based on account balances — worth asking before starting the probate process.

Who can apply?

For a grant of probate, the executor named in the will applies. Multiple executors can apply jointly, or one can lead with the others reserving power to act later.

For letters of administration, the right to apply follows the same priority order as the intestacy rules:

1. Spouse or civil partner
2. Children or descendants
3. Parents
4. Siblings (or their children, if deceased)
5. Other blood relatives in order of closeness

The applicant must be aged 18 or over. If no eligible relative comes forward at all, the estate becomes ownerless — and the Crown steps in.

Documents you will need

Before applying, gather the following:

• The original will (if one exists)
• A certified copy of the death certificate
• A complete list of assets and their values at the date of death
• Inheritance tax forms — IHT205 for smaller estates below the reporting threshold, or IHT400 for taxable or complex estates
• Application form PA1P (with a will) or PA1A (without a will)

There is a practical snag worth knowing about. Any inheritance tax owed must be paid before the grant is issued — but you often cannot access the estate funds to pay the tax until after you have the grant. HMRC offers an instalments option for property-heavy estates. If you hit this loop, a solicitor can help navigate it.

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How to apply

Applications go through HMCTS Probate — either online via the MyHMCTS portal or by post using the paper forms. Many straightforward applications are handled without a solicitor. Complex estates — involving foreign assets, disputed wills, or substantial inheritance tax — are better handled by a probate professional.

Note that the Probate Registry requires the original will and death certificate submitted by post even when the application is submitted online. Scanned copies are not accepted.

How long does it take, and what does it cost?

HMCTS currently processes most applications within eight to sixteen weeks from submission, though backlogs can stretch this. Once approved, the grant is issued by post — order multiple certified copies upfront, as different institutions (banks, land registry, pension providers) will each want one. At £1.50 a copy, it is the cheapest part of the process.

Probate Registry fees as of 2025:

• No fee for estates under £5,000
• £300 for estates valued at £5,000 or more
• Certified copies of the grant: £1.50 each

Solicitor fees are separate and can vary significantly — from a few hundred pounds for a simple estate to several thousand for anything complicated.

What happens after you receive the grant?

With the grant in hand, the personal representative can:

• Notify banks, HMRC, the DWP, and pension providers
• Collect and close accounts and investments
• Sell or transfer property
• Pay outstanding debts and funeral expenses
• Distribute what remains to beneficiaries

The personal representative has a legal duty to settle debts before distributing assets to beneficiaries. Paying out too early and leaving creditors short can make the administrator personally liable for the shortfall. Not a mistake you want to make.

Can a grant be challenged?

Yes. A grant of representation can be challenged on several grounds: the will is invalid (forgery, undue influence, lack of testamentary capacity); the applicant is not entitled to apply; or a later valid will has come to light.

A caveat can be lodged at the Probate Registry to pause proceedings while a dispute is resolved. Caveats last six months and can be renewed. Contested probate cases can be lengthy and expensive — independent legal advice before lodging a caveat is strongly recommended.

What if no one applies — and the estate becomes unclaimed?

When an intestate person dies and no family member comes forward — either because nobody knows about the death, or because the family connection has been lost across generations — nobody applies for letters of administration. The estate sits in limbo.

After a period, the estate passes to the Crown as bona vacantia and is listed publicly on the unclaimed estates listmaintained by the Government Legal Department's Bona Vacantia Division. Qualifying relatives have up to 30 years from the date of death to come forward and claim their share. The list currently holds around 6,000 open estates — some stretching back to the 1970s.

“No known relatives” is not the same as “no relatives.” The Crown is not obliged to search exhaustively. Estates go unclaimed because surnames were spelled differently in the records, families lost touch across generations, or nobody thought to look. That last one is the easiest to fix.

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Frequently asked questions

What is the difference between a grant of probate and letters of administration?

A grant of probate applies when the deceased left a valid will with a named executor willing to act. Letters of administration apply when there is no will, or when a will exists but no executor is available. Both are types of grant of representation — the distinction is whether a will exists and whether it named working executors.

Do I need a solicitor to apply for a grant of representation?

Not always. For straightforward estates — a clear will, no inheritance tax to pay, all assets in England and Wales — many applicants handle the process themselves through the HMCTS online portal. Where the estate involves property abroad, a disputed will, complex inheritance tax, or significant debts, a probate solicitor is likely worth the cost.

How much does a grant of representation cost?

The Probate Registry fee is £300 for estates valued at £5,000 or more. There is no fee for smaller estates. Certified copies of the grant cost £1.50 each — order several at the time of application, as you will need one for most institutions you contact. Solicitor fees, where used, are charged separately.

What happens to an estate if no one applies for a grant of representation?

If nobody applies — typically because the deceased left no will and no known relatives — the estate passes to the Crown as bona vacantia and is listed publicly on the unclaimed estates register. Qualifying relatives have up to 30 years from the date of death to come forward and make a claim, so an estate on the list today may well have living heirs who simply have not searched for it yet.

How can I find out if probate has been granted on a relative's estate?

Grants of representation are public record once issued. You can search the Probate Registry's online index at gov.uk to check whether probate has been applied for. For estates you suspect may be unclaimed — where no one has yet applied — search the FindMyLegacy database to check whether the surname appears on the bona vacantia list. Phonetic matching means spelling variations in old records are not an obstacle.