The Grant of Probate or Grant of Letters of Administration both come under the generic term of Grant of Representation. The former refers to the right of the executor to begin winding up the estate and the latter refers to the right of the administrator to begin dealing with the estate's assets in the absence of a valid Will. When is a Grant of Probate needed? In most situations an executor will be named in the will and shall apply for a Grant of Probate after the date of death. However it is only necessary for him to do so if one of the following requirements are satisfied: - More than £5,000 has been left; - The will contains investments i.e. stocks and shares; - There is a life insurance policy; and - The deceased has left a beneficial interest in a property i.e. the deceased was a tenant in common. When is a Grant of Letters of Administration needed? If the executors under the will do not wish to be involved in the distribution of the assets, or the will did not actually name an executor, the UK Probate Office will issue an administrator with a Grant of Letters of Administration (with will annexed). If there is no will (or no valid will) then the Probate Office will issue an administrator with a Grant of Letters of Administration alone. Why are these 'Grants' needed? Basically the executor or administrator of a deceased person's estate is unable to collect in any of the assets without first formally obtaining a Grant of Representation. Some organisations will release small assets without having to see this first, but these are generally in the minority. You would need a Grant of Representation before you were able to sell a property belonging to the deceased or access any of the deceased's bank accounts. If however, the property or bank account was held in joint names then you may not require a Grant, the death certificate alone may suffice. How can I apply to become an administrator of an estate? Those people named as executors should be the first people who apply for a Grant. If the Will does not name an executor or it does and they have denied their duties, then the first named beneficiary should take over. It is in the best interest of that beneficiary to distribute the estate correctly. If there is no valid will then the deceased's next of kin can make an application for a Grant of Representation. Applicants must be over 18 and the order or priority for application is as follows; spouse, issue (children), parents, siblings and then other close relatives. To apply for a Grant of Representation you must fill in the appropriate application form (which is obtainable online) and return this to your local Probate Office along with the original death certificate and will (where appropriate). Staff at the Probate office will look at your application and providing that your interview goes well and all your details are accurate. Once you have completed your interview, providing there are no issues to deal with, the Grant should be sent to you in the post. If you are unable to be issued with a Grant then the Probate Office will provide a full reasoning for this. Can a solicitor apply on my behalf? Yes. It is often sensible to instruct a professional solicitor to make an application for a Grant on your behalf. A solicitor may either charge you on an hourly rate or by a % of the estate, so it is important to ascertain which is the best option for you. A competent UK probate solicitor will also be able to deal with any inheritance tax issues before applying for the Grant. Inheritance tax especially on larger or more varied estates can be a complex matter, which is best dealt with by a professional. Please note any UK inheritance tax owed must be paid prior to a Grant of Representation being issued.
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