Last reviewed: September 2026 When someone dies, one of the first practical questions is who has legal authority to deal with their estate. This can be confusing, especially when banks, mortgage providers, investment companies or HM Land Registry ask for formal proof before they will release funds or transfer assets. In England and Wales, that legal authority usually comes from a Grant of Representation. This is the umbrella term for the legal document that confirms who can administer the estate. The two most common types are a Grant of Probate and a Grant of Letters of Administration. The type of grant needed depends mainly on whether the person who died left a valid will. If there is a valid will and the named executor is applying, a Grant of Probate is usually required. If there is no valid will, or there is a will but no executor able to act, Letters of Administration may be needed. This guide explains the difference between a Grant of Probate and Letters of Administration, when a grant is required, when it may not be needed, who can apply and what happens after the grant is issued.
A Grant of Representation is the legal document issued by the Probate Registry that gives someone authority to deal with a deceased person's estate.
The person named on the grant can collect assets, close bank accounts, sell or transfer property, pay debts, deal with tax and distribute the estate to the correct beneficiaries.
Many organisations will not release funds or allow assets to be transferred until they have seen the grant. This protects them from paying money to the wrong person and helps ensure the estate is administered properly.
Although people often use the word “probate” to describe the whole process, probate technically refers to the grant issued where there is a valid will and an executor is acting.
A Grant of Probate is issued where the deceased left a valid will and one or more executors named in the will are applying to administer the estate.
The executor's authority comes from the will itself, but the Grant of Probate confirms that authority to third parties. Once issued, it allows the executor to deal with estate assets formally.
Executors are responsible for identifying assets and debts, valuing the estate, dealing with any Inheritance Tax position, applying for probate where needed, collecting funds, paying liabilities and distributing the estate in accordance with the will.
A Grant of Probate is therefore not just an administrative formality. It is the legal document that allows the executor to move from identifying the estate to actively dealing with the assets.
A Grant of Probate is commonly required where the deceased owned assets in their sole name that cannot be released without formal authority.
This often includes property or land held in the deceased's sole name, substantial bank or building society accounts, shareholdings, investment portfolios, business assets or certain insurance policies payable to the estate.
A grant may also be needed where a financial institution asks for one. Each bank, investment provider and asset holder has its own internal threshold for releasing funds without probate. This means probate may be required for one estate but not another, even where the values appear similar.
If the deceased owned a property in their sole name, probate will usually be needed before the property can be sold or transferred.
A Grant of Probate is not always required.
If all assets were held jointly and pass automatically to a surviving joint owner, probate may not be needed for those assets. This is common with joint bank accounts and property held as joint tenants.
However, property held as tenants in common is different. The deceased's share does not pass automatically to the surviving co-owner. It passes under the will or intestacy rules and may mean a grant is required.
Some smaller bank accounts may also be released without a grant, although the threshold varies between providers. One institution may release funds with a death certificate and indemnity form, while another may insist on probate.
Assets that pass outside the estate may also avoid the need for probate. This can include some pension death benefits, life policies written in trust, or assets with nominated beneficiaries, depending on the product and provider.
However, “probate not needed” should not be assumed too quickly. Even where one bank does not require probate, another asset holder may. The correct approach is to identify each asset, check how it is owned and confirm what each organisation requires.
A Grant of Letters of Administration is issued where there is no valid will, or where there is a will but no executor is able or willing to act.
Where there is no will, the estate is distributed under the rules of intestacy. These rules decide who inherits based on their relationship to the deceased. The person appointed to administer the estate is called the administrator.
Administrators have similar responsibilities to executors. They must identify and value the estate, deal with tax, collect assets, pay debts and distribute the estate correctly. The main difference is that administrators do not follow a will. They must follow the intestacy rules.
This can make the estate more complicated, particularly where there are blended families, estranged relatives, missing beneficiaries, unmarried partners or uncertainty over who is entitled to inherit.
Sometimes there is a valid will, but the named executor has died, lacks capacity, does not want to act, or is unable to act for another reason.
In that situation, the estate may need a grant of Letters of Administration with the will annexed. This means there is a will, but someone other than the named executor is applying for authority to administer the estate.
The estate is still distributed according to the will, but the person administering it is usually called an administrator rather than an executor.
This type of application can be more technical, especially where several people may have equal priority to apply. Legal advice can help avoid delays and ensure the correct person applies.
Where there is no valid will, the order of priority is determined by the intestacy rules.
The person with the strongest right to apply is usually the surviving spouse or civil partner. If there is no spouse or civil partner, children may be entitled to apply. If there are no children, other relatives may be able to apply in a set legal order, such as parents, brothers and sisters or their children, grandparents, then aunts and uncles or their children.
Unmarried partners do not automatically have the right to administer the estate under the intestacy rules, even if they lived with the deceased for many years.
If several people have equal entitlement, they may need to agree who will apply. If they cannot agree, this can cause delay and may require legal advice or court involvement.
The main difference is whether there is a valid will and who is entitled to act.
A Grant of Probate is used where there is a valid will and the executor named in that will is applying.
Letters of Administration are used where there is no valid will, or where there is a will but no executor is able to act.
The duties are broadly similar. Executors and administrators both collect assets, pay liabilities, deal with tax and distribute the estate. However, executors follow the terms of the will, while administrators must follow the intestacy rules.
This distinction matters because it affects who can apply, who inherits and how the estate must be distributed.
If someone dies without a valid will, their estate is distributed under the intestacy rules.
These rules do not take account of personal wishes, verbal promises or informal family arrangements. They apply a fixed order of entitlement.
Where there is a surviving spouse or civil partner and children, or grandchildren where a child has died, the spouse or civil partner receives the personal chattels, the statutory legacy and half of the remaining estate. The children, or grandchildren where a child has died, receive the other half of the remaining estate. The statutory legacy is £322,000 for deaths on or after 26 July 2023.
If there are no children, or grandchildren where a child has died, the spouse or civil partner will inherit the whole estate. If there is no spouse or civil partner, the estate passes to other relatives in the order set by law.
Unmarried partners, stepchildren who were not legally adopted, friends and charities do not automatically inherit under intestacy. This is one reason why finding a valid will can be so important.
Before applying, the estate must be valued. This means identifying assets, debts and liabilities.
Assets may include property, bank accounts, savings, ISAs, shares, investments, vehicles, jewellery, personal possessions, business interests and money owed to the deceased.
Liabilities may include mortgages, loans, credit cards, household bills, care fees, funeral costs and tax.
The personal representatives must also consider whether Inheritance Tax is payable and whether the estate is an excepted estate. Even where no Inheritance Tax is due, estate values are still needed for the probate application.
If there is a will, the application is usually made using the probate process for executors. If applying by post, form PA1P is used where there is a will. If there is no will, form PA1A is used for Letters of Administration. Many applications can also be made online.
Where a full Inheritance Tax account is required, the IHT400 must usually be submitted to HMRC before the probate application proceeds. If Inheritance Tax is due, some tax normally needs to be paid before probate is granted. HMRC then provides a unique probate code, confirming that enough tax has been paid or accounted for to allow the probate application to proceed. This usually arrives within 20 working days of HMRC receiving the IHT400 or the Inheritance Tax payment, whichever is later.
The documents required depend on the type of application.
For a Grant of Probate, the original will is normally required. A photocopy is not enough unless a specific application is being made to prove a copy will. Any codicils should also be included.
For Letters of Administration, there is no will to submit, but the applicant must show that they are entitled to apply under the intestacy rules.
In both cases, the death certificate, estate values, Inheritance Tax information and applicant details will be needed. Supporting documents may also be required where there are unusual circumstances, such as a missing will, a foreign will, a renounced executor, a dispute over entitlement or uncertainty about beneficiaries.
Accurate information is important. Mistakes in names, dates, estate values or will details can cause delays.
Since 13 July 2026, the Probate Registry application fee is £526 where the estate is valued at more than £5,000. There is no application fee where the estate is valued at £5,000 or less.
Since 13 July 2026, official copies of the grant cost £2 each when ordered at the same time as the application. These copies can be useful because several banks, investment providers or other organisations may need to see the grant at the same time.
If additional copies are ordered after the grant has been issued, the cost is £16 per copy.
There may also be other costs involved in estate administration, such as property valuations, estate agent fees, conveyancing costs, statutory notices, tax advice, accountant fees or solicitor fees.
The time needed depends on the estate and the quality of the information provided.
Before applying, the personal representatives must identify assets, obtain values, check debts, consider tax and prepare the application. This stage can take time, especially where the estate includes property, investments, business assets, foreign assets, trusts or lifetime gifts.
Once the application is submitted, straightforward applications may be processed more quickly, but delays can occur if information is missing, the will raises questions, Inheritance Tax reporting is needed, or the Probate Registry requires further evidence.
The grant is only one stage of the process. After it is issued, the personal representatives must still collect assets, pay debts and expenses, finalise tax, prepare estate accounts and distribute the estate.
Once the grant has been issued, the executor or administrator can use it to deal with the estate.
They can close bank accounts, sell or transfer property, cash in or transfer investments, deal with shares, pay debts and distribute funds to beneficiaries.
They should keep careful records of all money received and paid out. These records form the basis of the estate accounts, which should show beneficiaries how the estate has been administered.
Personal representatives should avoid distributing the estate too early. They need to make sure debts, tax, expenses, claims and beneficiary entitlement have all been properly considered.
One common issue is uncertainty over whether a grant is needed. Families may assume probate is unnecessary because the estate is small, only to find that one bank or asset holder requires formal authority.
Another common problem is applying for the wrong type of grant. If there is a valid will, the named executor should usually apply for probate. If there is no will, the correct person must apply for Letters of Administration.
Disputes can also arise where family members disagree about the will, who should act, whether the deceased had capacity, or who should inherit under intestacy.
Inheritance Tax can also cause complications. Larger estates, lifetime gifts, trusts, business assets, agricultural assets and foreign property can all make the reporting process more detailed.
Missing information is another frequent cause of delay. Personal representatives may need to trace bank accounts, locate shareholdings, obtain property valuations, identify debts or find beneficiaries before the estate can move forward.
It is possible to apply for probate or Letters of Administration without a solicitor, particularly where the estate is simple, the values are clear, there is no Inheritance Tax to pay and all beneficiaries agree.
However, professional advice can be valuable where the estate includes property, significant savings, investments, business interests, agricultural assets, foreign assets, trusts, lifetime gifts, missing beneficiaries, family disputes or an unclear will.
A solicitor can help confirm whether a grant is needed, identify the correct type of application, prepare the probate papers, deal with Inheritance Tax reporting, contact asset holders, advise on intestacy and guide the personal representatives through the wider estate administration process.
Executors and administrators carry personal responsibility for administering the estate correctly. Taking advice early can reduce the risk of mistakes, delays and disputes.
Whether you need a Grant of Probate or Letters of Administration depends mainly on whether the deceased left a valid will and who is entitled to administer the estate.
A Grant of Probate is usually needed where there is a valid will and an executor is applying. Letters of Administration are usually needed where there is no valid will, or where there is a will but no executor can act.
Not every estate requires a grant.
Jointly owned assets, nominated benefits and small balances may be dealt with without probate, depending on how the assets are held and the requirements of each organisation.
Where a grant is needed, the estate must be valued, tax must be considered and the correct application must be made. Getting this right at the start can help avoid delays and ensure the estate is administered properly.
At Premier Solicitors, our probate and estate administration team provides clear, practical support to executors, administrators, beneficiaries and families.
We can advise whether a Grant of Probate or Letters of Administration is needed, help value the estate, prepare and submit the application, deal with Inheritance Tax reporting and guide you through the full estate administration process.
We also assist with more complex estates involving intestacy, property, trusts, lifetime gifts, business assets, missing beneficiaries and disputes between family members.
For tailored advice on probate, Letters of Administration or estate administration, contact Premier Solicitors today on 01234 358 080 or submit an enquiry through our contact page.
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