Grant of representation: what it is and which type you need

When someone dies, the people dealing with their affairs are often told they need “probate”. The legal name for what they need is a “grant of representation”. It sounds technical, but the idea is simple. It is the document from the court that shows who has the legal right to deal with the estate.

This guide is for England and Wales. It explains what a grant is, the three main types, including a grant of probate and letters of administration, and how to tell which one applies.

On this page: What it is | Do you need one | The types at a glance | Probate | Letters of administration | With Will annexed | Other grants | Which one | Applying | FAQs

What is a grant of representation, and is it the same as probate?

A grant of representation is a court document issued by the Probate Registry. It gives a named person the legal authority to deal with the estate of someone who has died. The estate is everything they owned and owed.

With the grant, that person can collect money and other assets, pay debts and tax, and pass on what is left to the people entitled to it.

You will often hear the word “probate” used for all of this, and in everyday conversation that is fine. Strictly, “grant of representation” is the general term, and a grant of probate is just one kind.

Someone named in a Will to deal with the estate is an executor. Someone the court appoints when there is no Will, or no executor, is an administrator. Together they are called personal representatives.

Do you always need a grant?

No. It depends on what the deceased person owned and who holds it.

You will usually need a grant of probate or another grant if the deceased person owned property in their own name, or held money or investments above the limit set by the bank or company. Each bank and company sets its own limit, so there is no single figure. You have to ask each one.

You may not need a grant if everything was owned jointly and passes automatically to the surviving owner, or if the amounts are small and the organisations are happy to release them without one.

GOV.UK’s guide to probate says the same: every organisation has its own rules, so contact each one to find out.

Where a grant is needed, banks will not release money and a property cannot be sold until the person dealing with the estate can show it.

Types of grant of representation at a glance

Grant of probate: when there is a Will and an executor

This is the grant most people have in mind. It is issued when someone dies leaving a valid Will that names an executor or executors.

The executor applies. The grant confirms that the Will is valid and that they have the authority to act on it.

Being named as an executor does not mean you have to do the work yourself. You can ask a probate professional to look after the application and the estate on your behalf, or step aside and let someone else act. If you ask a professional to act for you, you remain the executor and stay legally responsible, so it pays to choose someone you trust. Our professional probate service can do this for you.

Up to four people can be named on a grant. If a Will names more executors than that, or some prefer to stay out of it, the others can step aside permanently or reserve the right to act and join later if they need to.

If the first executor cannot act, a replacement named in the Will can apply instead, and the same type of grant is issued. That keeps everything simple.

Grant of letters of administration: when there is no Will

Someone who dies without a valid Will has died “intestate”. With no Will there is no executor, so the court appoints an administrator instead. The grant is called letters of administration.

The people who can apply are set by law, in order. Broadly, a husband, wife or civil partner comes first, then children, then parents, then brothers and sisters, and so on through the wider family. The order follows the rules that decide who inherits.

An unmarried partner has no automatic right to inherit or to act, however long the relationship. This surprises many couples. A Will is how you put it right.

GOV.UK has a short tool to check who can apply and who inherits when there is no Will.

Grant of letters of administration with Will annexed: a Will but no executor

This has the longest name and is the least well known. “Annexed” simply means attached, because the Will is attached to the grant.

It is used when there is a valid Will but nobody can act as executor under it. Common reasons are:

• The Will does not name an executor.
• The executors named have died, or no longer have mental capacity.
• The executors are under 18, or do not want the role.
• The Will does not deal with the whole estate, so part of it falls under the intestacy rules.

The Will is still followed. The administrator carries out its wishes. The person who applies is usually a main beneficiary, in an order set by the probate rules.

Naming a replacement executor in your Will is one of the simplest ways to avoid this route.

Other types of grant

Occasionally something more specific is needed. These are called limited grants. They are uncommon, and a probate professional usually deals with them. That is something we can arrange for you. Three examples:

• Protecting assets in an emergency. If a dispute or delay holds up the main grant, the court can allow someone to collect and protect assets in the meantime. They can look after them but not hand them out.
• A second grant for an executor who stepped aside. Sometimes called double probate. It lets that executor join in later.
• Finishing the job. If the person dealing with the estate dies or can no longer act before it is finished, a new grant lets someone else complete it.

Which grant do you need?

Three questions will usually tell you.

1. Is there a valid Will? If so, does it name an executor who is able and willing to act? If yes to both, you need a grant of probate.
2. Is there a valid Will, but no executor who can act, or does the Will leave part of the estate unplanned? You need letters of administration with Will annexed.
3. Is there no valid Will? You need letters of administration.

If you are unsure whether a Will is valid, take advice before you apply. A Will can fail for technical reasons. And getting married usually cancels an earlier Will, which catches many people out.

How the application works

You apply to the Probate Registry, online or by post, through GOV.UK. In outline:

1. Find the original Will, if there is one, and the death certificate.
2. Work out what the estate is worth, settle all debts and complete any Inheritance Tax forms HMRC needs.
3. Send the application, the original Will and the death certificate, and pay the court fee.
4. The Probate Registry checks everything and issues the grant.

GOV.UK says you will usually get the grant within 12 weeks of applying, and it can take longer if more information is needed. If you apply online you can track the application. Order extra copies of the grant when you apply, because many organisations want to keep one and they cost less at that stage.

You can apply yourself, but many people prefer to have a professional do it for them. More on that below.

When it helps to have a probate professional

You can apply for a grant yourself, and many people do. But it is an important job to get right. The person applying can be held responsible if something goes wrong, particularly with tax. So many families prefer to hand it over.

Our professional probate service takes the paperwork off your hands. We can help with finding and valuing the assets, dealing with HMRC and the Probate Registry, settling debts and tax, and passing the estate on as it should be.

Named as an executor? You do not have to act, and you do not have to do the work yourself. You can appoint us to act on your behalf, so the job is done properly and you are not left carrying it on top of everything else.

It is especially worth asking for help if:

• There is property, investments or income, or tax to work out.
• There is no Will, or the estate is complicated.
• There are doubts about the Will, or someone may challenge it: a contentious Will.
• The estate includes trusts or foreign assets, or may owe more than it holds: an insolvent estate.
• The family are grieving, or may not agree.
• You have been named as an executor but do not have the time, or the wish, to do it all yourself.

If that sounds like your situation, talk to us about probate. We can arrange a professional service at a competitive price.

Why this matters when you make your Will

Almost everything above comes down to whether there is a Will and who it names. Three simple choices keep your family on the smoothest route:

• Make a Will, so your family are not left with the intestacy rules and you decide who benefits and who does not.
• Name executors you trust, and a replacement in case the original executors cannot or are unwilling to act.
• Think about a professional executor at least as a reserve, so there is always a valid executor who can act.
• Review your Will after big changes such as marriage, so it still says what you mean and is valid.

If you would like to do this face to face, see our page on making a Will or our Professional Executor Service.

Frequently asked questions

Is a grant of representation the same as probate?

Not quite. “Grant of representation” is the general term. A grant of probate is one kind. In everyday conversation, people use “probate” for the whole process.

Can Templar apply for a grant for me?

Yes. We can arrange a professional probate service to deal with the application and the estate paperwork, so you do not have to. Talk to David first and he will explain what is involved for your estate and what it is likely to cost.

I have been named as an executor. Do I have to act?

No. You can act yourself, ask a professional such as our probate service to act on your behalf, or step aside altogether. If you want to step aside, take advice before you start dealing with the estate, because once you have started you may not be able to.

Who can apply for a grant of representation?

It depends on the type. The executor named in the Will applies for a grant of probate or can appoint a professional to do so on their behalf. For letters of administration, a close relative applies, in an order set by law. With a Will annexed, it is usually a main beneficiary.

How long does it take to get a grant?

GOV.UK says you will usually get it within 12 weeks of applying. It can take longer if the Registry needs more information. Gathering the paperwork beforehand often takes longer than people expect.

Can I deal with an estate without a grant?

Sometimes. If everything was jointly owned, or the amounts are small, you may not need one. Check with each bank or company, because each sets its own rules.

What if the executor named in the Will has died?

If the Will names a replacement, they can apply. If not, someone else, usually a main beneficiary, applies for letters of administration with Will annexed.

Is it the same in Scotland and Northern Ireland?

No. Scotland uses a system called confirmation, and Northern Ireland has its own process. This page covers England and Wales.

This article gives general information for England and Wales and is not legal advice. Rules and fees change. Last reviewed 4 November 2026.