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Grant of Representation: A Complete UK Guide

· 31 min

Note: The following scenario is fictional and used for illustration.

When Robert died suddenly at age 58, his wife Jennifer thought accessing their joint bank account would be straightforward. But when she went to withdraw money to pay the funeral costs, the bank manager asked: "Do you have the grant of representation?" Jennifer had no idea what that meant.

She discovered that because Robert's name was the sole account holder on their £35,000 savings, she needed legal permission to access it—even though they'd been married for 32 years. Six months and £1,800 in solicitor fees later, Jennifer finally received her grant of letters of administration.

"I kept hearing different terms—probate, grant of representation, letters of administration," she said. "Nobody explained that they were all related, or why I needed one when my husband left everything to me anyway."

In England and Wales, there were 80,278 applications for grants of representation in the first quarter of 2025 alone—affecting tens of thousands of families navigating confusing legal terminology while grieving. This complete guide explains exactly what a grant of representation is, when you need one, how much it costs, and how to apply without expensive legal help.

Table of Contents

What Is a Grant of Representation?

A grant of representation is a legal document issued by the Probate Registry that gives authority to an executor or administrator to access assets, pay debts, and distribute the estate of someone who has died. It acts as proof that you have the legal right to administer the deceased's estate.

Think of it like a legal power of attorney that activates only after death. Without it, banks, building societies, the Land Registry, and investment firms won't release assets or allow you to manage the deceased's property.

Under the Administration of Estates Act 1925, administrators have the same rights and liabilities as executors when managing an estate. This foundational legislation establishes the legal basis for estate administration in England and Wales.

The term "grant of representation" is an umbrella term covering multiple types of grants. The specific type you need depends on whether the deceased left a valid will and whether there's a named executor who can act. Only in England and Wales is this process used—Scotland uses "confirmation" and Northern Ireland has different probate procedures.

Emma's father died with a house worth £240,000 solely in his name. The solicitor told Emma she needed a "grant of representation." She spent days researching, confused why different websites mentioned "probate" and "letters of administration" interchangeably.

She learned that "grant of representation" is simply the legal term for both types of documents—the specific type she needed depended on whether her father had a valid will.

Without a grant of representation, you cannot legally close bank accounts, sell property, or transfer assets to beneficiaries. It's the key that unlocks the estate administration process.

The Three Types of Grant of Representation

Understanding which type of grant you need is essential before starting your application. Each serves a different purpose depending on the deceased's circumstances.

Grant of Probate

Issued when there's a valid will and the will names an executor. The executor named in the will applies for this grant, which gives them legal authority to carry out the will's instructions. This is the most common type of grant when proper estate planning has taken place.

Michael's will named his daughter Sarah as executor. Sarah applied for and received a grant of probate, giving her legal authority to sell his house and distribute the £180,000 estate according to his wishes.

Letters of Administration

Issued when there's no valid will—the deceased died intestate. The next of kin applies according to a strict priority order set by law. Intestacy rules then determine who inherits what, regardless of what the deceased may have wanted.

When Lisa died without a will at age 42, her husband Tom applied for letters of administration as her surviving spouse. He received the grant and distributed her £95,000 estate according to intestacy rules.

Letters of Administration with Will Annexed

Issued when a will exists but no executor is named, or the named executor cannot or will not act. This might happen if the executor has died, lacks mental capacity, or simply refuses to take on the responsibility.

David's will didn't name an executor. His sister Helen applied for letters of administration with will annexed, allowing her to distribute his estate according to his will's instructions even though he hadn't formally appointed an executor.

Here's how the three types compare:

Type When It's Needed Who Can Apply Legal Basis
Grant of Probate Valid will exists Named executor(s) in will Wills Act 1837
Letters of Administration No valid will (intestacy) Next of kin (priority order) Administration of Estates Act 1925
Letters of Admin with Will Annexed Will exists but no executor able to act Next of kin or other person entitled Non-Contentious Probate Rules 1987 Rule 20

All three types serve the same ultimate purpose: giving someone legal authority to administer the estate. The difference lies in how that authority is derived—from the will itself, from intestacy law, or from a combination of both.

When Do You Need a Grant of Representation?

Not every estate requires a grant of representation. Understanding when you need one can save you time, money, and unnecessary stress.

Under the Administration of Estates (Small Payments) Act 1965, there's a £5,000 statutory threshold below which you may not need a grant. However, individual banks and institutions often set their own higher thresholds.

You Always Need a Grant For:

  • Property or land in the deceased's sole name
  • Shares and stock market investments
  • Large bank accounts exceeding the institution's threshold
  • Some pension funds and life insurance policies

You Sometimes Need a Grant For:

  • Bank accounts between £5,000 and £50,000 (varies by bank)
  • Motor vehicles
  • Life insurance policies naming the estate as beneficiary

You Never Need a Grant For:

  • Jointly owned property passing by survivorship (as joint tenants)
  • Assets under £5,000 total estate value
  • Assets held in trust
  • Life insurance policies with named beneficiaries
  • Some pension schemes with nominated beneficiaries

When Margaret died with £15,000 in her Nationwide savings account, her daughter Lucy assumed she'd need a full grant of representation. She called Nationwide first and discovered their internal threshold was £50,000—they released the funds with just a death certificate and proof Lucy was the sole beneficiary.

She saved herself 16 weeks and £300 in fees by checking first.

Each bank, building society, and investment firm has discretion to set its own release threshold. Some release up to £50,000 without seeing a grant, while others require a grant for amounts as low as £10,000. Always contact each institution holding assets before applying.

If there's property in the deceased's sole name, you'll need a grant regardless of value. The Land Registry won't transfer ownership without seeing a grant of representation or confirmation that the property passed by survivorship.

Approximately half of deaths in the UK require a grant of representation. The other half involve estates small enough or structured in ways that avoid the need for formal probate proceedings.

Who Can Apply for a Grant of Representation?

The legal right to apply depends entirely on whether there's a valid will.

If There's a Valid Will

The executor(s) named in the will have the automatic right to apply for a grant of probate. If multiple executors are named, they can apply jointly or one can apply while others "reserve power" to act later if needed.

If the named executor cannot act—due to death, lack of mental capacity, or unwillingness—then the next person entitled under the priority order can apply for letters of administration with will annexed.

If There's No Will

A strict priority order applies under Rule 22 of the Non-Contentious Probate Rules 1987. All persons in each category must be unable or unwilling to act before entitlement passes to the next category.

Priority Order:

  1. Surviving spouse or civil partner
  2. Children and issue (descendants) of the deceased
  3. Parents
  4. Brothers and sisters of the whole blood (or their issue)
  5. Brothers and sisters of the half blood (or their issue)
  6. Grandparents
  7. Uncles and aunts of the whole blood (or their issue)
  8. Uncles and aunts of the half blood (or their issue)
  9. The Crown (Treasury Solicitor)
  10. Any creditor of the deceased

This hierarchy is absolute. You cannot skip over someone with higher priority just because they're geographically distant or not on good terms with the deceased. They must formally renounce their right or be legally unable to act.

When James died without a will, his adult daughter Rebecca assumed she could apply for letters of administration since she was handling the funeral. However, James's estranged wife Christine—they were separated but never divorced—had legal priority as the surviving spouse.

Rebecca had to obtain Christine's written renunciation before she could apply. "Nobody told me marriage trumps children," Rebecca said. "Even though Mum hadn't seen Dad in 15 years, she had first right to apply."

If multiple people in the same category want to apply, they can either apply jointly or one can apply while others provide written consent. The Probate Registry requires evidence that all those with equal or higher priority have been "cleared off"—meaning they've either renounced, given consent, or are unable to act.

The applicant must be 18 or older and have mental capacity to take on the responsibilities. Courts can intervene if disputes arise or if the proposed administrator is deemed unsuitable.

How to Apply for a Grant of Representation: Step-by-Step Process

The application process involves multiple stages and typically takes 3-6 months from death to receiving the grant. According to GOV.UK Family Court Statistics Q1 2025, 93% of applications are now completed online, with digital applications taking on average just over two weeks to complete.

Step 1: Register the Death (1-5 days)

Obtain multiple original death certificates. You'll need at least one for the grant application, and institutions often require originals rather than copies. Notify banks, pension providers, and other relevant organisations of the death.

Step 2: Locate the Will (if one exists) (1-2 weeks)

Search the deceased's home, contact their solicitor, and check the National Will Register. If you believe a will exists but cannot locate it, you'll need to complete a separate form explaining the circumstances and provide evidence of your search efforts.

Step 3: Value the Estate (4-12 weeks)

This is often the most time-consuming stage. Obtain professional property valuations from RICS-qualified surveyors, request account statements from all financial institutions, value personal possessions, and list all debts and liabilities.

Calculate the net estate value for inheritance tax assessment. HMRC may challenge valuations that appear too low, particularly for property.

Step 4: Determine if Inheritance Tax is Due (2-4 weeks)

The inheritance tax nil-rate band is £325,000, plus a residence nil-rate band of up to £175,000 if the family home passes to direct descendants. Assets passing to a surviving spouse or civil partner are exempt from inheritance tax.

Even if no tax is due, you must complete inheritance tax forms. Excepted estates use a simplified form, while taxable estates require the full IHT400 with detailed schedules for different asset types.

Step 5: Pay Inheritance Tax (if applicable) (2-6 weeks)

This creates a catch-22: inheritance tax must be paid before the grant is issued, but you need the grant to access the deceased's funds. The Direct Payment Scheme (form IHT423) allows you to pay from the deceased's bank accounts, though bank cooperation varies.

Some banks participate willingly in the scheme, while others require the grant first. This can create significant delays for estates with substantial tax liabilities.

Step 6: Complete Probate Application Forms (1-2 weeks)

Use form PA1P for grant of probate or PA1A for letters of administration. Online applications via MyHMCTS are faster and include built-in error checking. Paper applications are processed more slowly and have higher error rates.

Step 7: Submit Application and Pay Fee (1 day)

The application fee is £300 if the estate exceeds £5,000. Official copies cost £16 each (increased from £1.50 in November 2025 under The Court and Public Guardian Fees Order 2025). Order 3-4 copies for banks, insurers, and the Land Registry.

Send the original will if applying for probate. You'll make a declaration of truth statement confirming the information provided is accurate.

Step 8: Wait for Grant to Be Issued (5-19 weeks depending on type)

Processing times vary significantly by grant type and application method. According to GOV.UK probate statistics, average wait times have improved dramatically:

  • Grant of probate (online): approximately 5 weeks
  • Letters of administration without will: approximately 8 weeks
  • Letters of administration with will: up to 19 weeks

For those who complete the application online and submit documents without issues, probate is granted in less than a week on average.

Step 9: Receive Grant and Begin Estate Administration (ongoing)

Use the grant to close accounts, sell property, transfer assets to beneficiaries, and settle all estate debts. Keep detailed records of all transactions. You'll need to file estate accounts with beneficiaries showing how you've administered the estate.

David applied for his father's grant of probate online in March 2025. He submitted the PA1P form, the original will, and the IHT form showing no tax due (estate valued at £285,000, below the threshold). He paid £300 plus £64 for four official copies.

Five weeks later, he received the grant of probate in the post. "The online system was straightforward," David said. "The hardest part was getting accurate property valuations, not the application itself."

Critical timing note: Do not submit your application before 20 working days after death. HMCTS needs time to receive form IHT421 from HMRC, and submitting too early will cause your application to be rejected and sent to the back of the queue.

How Much Does a Grant of Representation Cost?

Understanding the full cost helps you decide whether to apply yourself or hire a solicitor.

Court and Registry Fees

The court application fee is £300 if the estate is valued at over £5,000. There's no fee if the estate is worth £5,000 or less. For a second grant where a previous grant has been issued, the fee is £21.

Official copies cost £16 each as of November 2025, a significant increase from the previous £1.50. Most applicants need 3-4 official copies for banks, insurers, and the Land Registry.

Additional Costs

Property valuations from RICS-qualified surveyors typically cost £200-£400. Solicitor fees for full probate services range from £1,500-£3,500 or more, depending on estate complexity. Some solicitors charge a percentage of the estate value rather than a fixed fee.

If you cannot locate the will, professional will search services cost £150 or more. Specialist valuations for business interests, artwork, or antiques add further expense. Advertising for creditors in the London Gazette costs £100-£200 and protects executors from unknown debts.

Here's a comparison of DIY versus solicitor-assisted costs:

Expense DIY Cost Solicitor-Assisted Cost
Court application fee £300 £300
Official copies (4 copies) £64 £64
Property valuation £200-£400 £200-£400 (passed to estate)
Probate forms assistance £0 (DIY) £650-£2,000
Full probate service N/A £1,500-£3,500+
Total (typical case) £564-£764 £2,714-£6,264+

Sophie applied for her mother's grant of probate herself, paying £300 for the court fee and £64 for official copies. She spent £350 on a professional house valuation. Her total cost: £714.

Her friend hired a solicitor for a similar estate and paid £2,200 in legal fees plus the same £364 in court and valuation costs—total £2,564. "I saved nearly £2,000 by doing it myself," Sophie said. "The forms were time-consuming but not difficult."

Help with Fees

If your gross annual income is under £1,420 (single) or £1,835 (couple), you may qualify for fee exemption or reduction. You cannot get help with the fee for extra copies of the probate document.

Remember that inheritance tax must be paid before the grant is issued. For large estates, this can amount to hundreds of thousands of pounds, though it's paid from estate assets rather than your personal funds.

How Long Does It Take to Get a Grant of Representation?

Processing times have improved dramatically in recent years thanks to increased digitisation and additional staffing at HMCTS.

According to December 2024 government data, HMCTS has slashed average wait times to just over four weeks. This compares to twelve weeks at the end of 2023 and over eight weeks at the end of June 2024.

Current Processing Times (2025)

Grant of probate applications submitted online typically take around 5 weeks. Letters of administration without a will take approximately 8 weeks. Letters of administration with a will can take up to 19 weeks.

For applicants who complete the online application and submit all documents correctly, probate is granted in less than a week on average. Paper applications take significantly longer—typically 12-16 weeks.

According to GOV.UK Family Court Statistics Q1 2025, 93% of grant applications are now completed online, with digital applications processed far faster than paper submissions.

Total Timeline From Death to Grant

The processing time is just one part of the journey. Here's the complete timeline:

Phase Timeframe Key Activities
Initial preparation 1-3 months Locate will, value estate, gather documents
IHT assessment and payment 2-6 weeks Complete IHT forms, pay tax if due
Application submission 1 day Submit forms online or by post
Processing by HMCTS 5-19 weeks Court processes application, issues grant
Total typical timeline 3-6 months From death to receiving grant

What Causes Delays

According to probate professionals, over a third of applications are "stopped" by HMCTS for missing information or errors. This sends the application to the back of the queue, adding weeks or months to the process.

Common delay causes include errors in application forms, incomplete estate valuations, disputes between executors or beneficiaries, caveats filed by interested parties (which block the grant for 6 months), complex estates with business interests or overseas assets, and paper applications rather than digital submissions.

Peak periods from January to March are typically busiest, which can extend processing times further.

Mark submitted his mother's probate application online in January 2025 with all documents complete and accurate. He received the grant exactly 4 weeks later.

His sister submitted a paper application for their aunt's estate the same month with one missing document—the application was "stopped" and returned. After resubmitting with the correct paperwork, she waited 18 weeks total.

"The difference between 4 weeks and 18 weeks was entirely down to one missing bank statement," she said.

The dramatic reduction in backlog is encouraging. Open probate cases fell from 69,017 in March 2024 to 35,475 by the end of March 2025—a 50% reduction demonstrating HMCTS's improved efficiency.

Common Reasons Grant Applications Are Rejected or Delayed

Understanding why applications fail helps you avoid costly mistakes that add months to the process.

Over a third of applications are "stopped" by HMCTS due to errors or missing information. A single error means rejection and going to the back of the queue—potentially adding 8-12 weeks to your wait time.

Top 10 Rejection and Delay Reasons

1. Missing Original Will

Only original wills are accepted. Photocopies, scans, and digital versions are invalid. If the will is lost, you'll need to complete a separate form with a statutory declaration explaining the circumstances and evidence of your search.

Rebecca submitted a scanned PDF of her father's will online—it was rejected immediately. She had to locate the original before reapplying.

2. Errors in Application Forms

Missing information, incorrect dates, and incomplete property details cause instant rejection. The name on your application must exactly match the name in the will.

Jonathan's name in the will was "Jonathan Paul Smith" but he applied as "John Smith"—the application was rejected for the mismatch.

3. Incorrect or Incomplete Estate Valuations

Underestimating or overestimating property values triggers HMRC investigation. Missing bank accounts or assets discovered later require amended submissions.

Emma valued her mother's house at £200,000 based on a Rightmove estimate. HMRC required a professional RICS valuation showing £245,000. The discrepancy stopped her application.

4. Inheritance Tax Form Errors

Missing sections, incorrect calculations, or using the wrong form type cause delays. You must include all assets, including gifts made in the last 7 years before death.

David forgot to include his mother's Premium Bonds worth £1,500—the application was stopped until he submitted a corrected IHT form.

5. Damaged or Altered Wills

Staple holes, paper clip marks, torn edges, or any additions must be explained. Any handwritten notes or markings require an affidavit.

Sarah's father's will had handwritten notes in the margin. She had to provide an affidavit confirming the notes were present when the will was signed, not added later.

6. Executor Issues

You must "clear off" all named executors by explaining why each one who isn't applying cannot act—through death, renunciation, or incapacity.

A will named three executors. The applicant only mentioned two in the application—it was rejected for not accounting for the third executor.

7. Caveat Filed Against Estate

A legal challenge blocks the grant for 6 months (extendable for another 6 months). According to Legal Futures, caveat applications hit an all-time high of 3,061 in Q4 2024—up 75% since 2010.

A sibling filed a caveat disputing will validity on grounds of undue influence. Probate was blocked for 6 months while the dispute was investigated and resolved.

8. Missing Death Certificate or Wrong Type

You must submit an original death certificate, not a photocopy or interim certificate issued at registration.

Claire sent the interim death certificate issued on the day she registered the death. It was rejected—she had to wait for the full certificate to arrive by post.

9. Incomplete Executor Authority

Joint executors must either all apply or provide formal renunciation. If one executor reserves power to act later, this must be properly documented.

Two executors were named. One couldn't apply due to illness but didn't formally reserve power or renounce. The application was rejected.

10. Timing Errors

Submitting before 20 working days after death may result in automatic rejection. HMCTS needs time to receive IHT421 from HMRC.

An eager executor submitted 15 days after death to "get ahead"—the application was sent to the back of the queue when it was rejected for being premature.

Prevention Strategies

Double-check all forms before submission. Use the online application system, which includes built-in error checking. Obtain professional property valuations from RICS-qualified surveyors rather than relying on online estimates.

Contact all executors named in the will before applying to confirm their position. Wait the full 20 working days after death before submitting. Keep the original will in pristine condition from the moment you locate it.

Search thoroughly for all assets before submitting your valuation—checking old post, email, and drawers for bank statements and investment paperwork.

Helen submitted her husband's probate application with everything complete except she valued their house at £310,000 based on a Zoopla estimate. HMCTS stopped the application and requested a professional surveyor's valuation.

She paid £350 for a surveyor who valued it at £295,000. She resubmitted and went to the back of the queue—adding 8 weeks to her wait time. "One shortcut cost me two months," she said.

Special Types of Grants of Representation

Most estates use standard grant of probate or letters of administration, but several special grant types exist for unusual circumstances.

According to HMRC guidance on special grants, these are less common but important when specific situations arise.

Grant Ad Colligenda Bona

A limited grant allowing someone to preserve estate assets only, without distributing them. This is used when the main grant will take time to obtain but assets need immediate protection from loss or damage.

The administrator has power only to secure assets—collecting rent, maintaining property, preserving business stock—but cannot distribute to beneficiaries.

When a named executor was seriously ill and the estate included a retail business with perishable stock, a grant ad colligenda bona allowed a temporary administrator to manage the business until the executor recovered and could apply for full probate.

Grant Pendente Lite

A temporary grant issued while will validity is disputed in court. It's effective only during the probate action and allows essential estate preservation during legal challenges.

When a family challenged will validity on grounds of lack of capacity, but the estate included rental properties needing management, a grant pendente lite allowed someone to collect rents and maintain the properties during the 14-month court case.

Grant of Double Probate

When an executor initially reserves power to act later, then subsequently decides to participate in estate administration, they can be granted double probate to join the existing executor.

The original grant remains valid and the second executor joins with equal authority. This is common when an executor is temporarily unavailable due to illness or living abroad.

Limited Grant

Restricted to a specific purpose, time period, or assets. Often used when a full grant would be overly complex but specific actions need authorisation.

When an executor died before completing a house sale that had already exchanged contracts, a limited grant was issued to a family member solely to complete that specific transaction. No other estate administration authority was conferred.

Grant De Bonis Non Administratis

Latin for "of goods not administered," this grant is issued when the original executor or administrator dies before completing estate administration. It allows a new administrator to finish the unfinished work.

Martin was halfway through administering his brother's complex estate when he died unexpectedly. The estate had some assets distributed but others still pending. A solicitor explained the beneficiaries needed a "grant de bonis non administratis."

This special grant allowed Martin's son to step in as new administrator and complete distribution of the remaining £80,000 in assets, picking up exactly where Martin had left off.

These special grants are rare. The vast majority of estates use standard grant of probate or letters of administration. If you think you need a special grant type, consult a probate solicitor to ensure you apply for the correct one.

What to Do After You Receive the Grant

Receiving the grant is not the end of the process—it's the beginning of estate administration.

The grant gives you legal authority to act, but you're now responsible for properly administering the estate. Executors can be personally liable for mistakes, so keeping detailed records is essential.

Typical estate administration takes 6-12 months after receiving the grant, depending on complexity.

Immediate Actions (Weeks 1-4)

Send certified copies of the grant to all banks, building societies, and insurance companies. Close or transfer bank accounts into the estate account you've opened. Claim on life insurance policies naming the estate as beneficiary.

Transfer or sell shares and investments according to beneficiary entitlements. Register the grant against property at the Land Registry before attempting to sell or transfer.

Pay Debts and Expenses (Weeks 4-12)

Pay funeral expenses from estate funds. Settle all outstanding bills including utilities, council tax, and credit cards. Pay any remaining inheritance tax due.

Consider advertising for creditors in the London Gazette. This protects you from personal liability for unknown debts—creditors have two months to come forward after the advertisement.

Sell Assets if Needed (Months 2-6)

Put property on the market if it's not being transferred directly to a beneficiary. Sell investments if you're distributing cash rather than transferring assets in their current form.

Value and sell personal possessions, obtaining professional valuations for items of significant value.

Prepare Estate Accounts (Months 3-6)

Document all income received by the estate—rent, interest, dividends. Record every expense paid from estate funds. Calculate final distribution amounts after all debts and expenses are settled.

Prepare formal estate accounts showing opening assets, income, expenses, and closing distribution. Beneficiaries are entitled to see these accounts.

Distribute Estate (Months 6-12)

Transfer property titles to beneficiaries through the Land Registry. Pay cash legacies as specified in the will. Distribute the residuary estate (what's left after specific gifts and debts) according to the will or intestacy rules.

Obtain signed receipts from all beneficiaries acknowledging what they've received.

Final Steps

File the final income tax return for the deceased and for the estate period. Close the estate bank account once all distributions are complete.

Retain all estate records for at least 12 years. Beneficiaries can challenge estate administration for up to 12 years after distribution in some circumstances.

After receiving his father's grant of probate, Tom spent 8 months administering the estate. He sold the house for £265,000, closed three bank accounts, cashed in Premium Bonds, paid all debts, and distributed £240,000 to five beneficiaries.

He kept detailed spreadsheets of every transaction with copies of all receipts and bank statements. "The grant was just permission to start the real work," he said. "The actual distribution took longer than getting the grant."

Critical warning: Distribute estate assets only after paying all debts. If you distribute too early and creditors later come forward, you can be personally liable for those debts even if you've already given assets to beneficiaries.

Frequently Asked Questions

Q: What is the difference between a grant of representation and probate?

A: A grant of representation is the umbrella term that includes both grant of probate and letters of administration. Grant of probate is specifically issued when there's a valid will, while letters of administration are issued when there's no will. Both are types of grants of representation that give legal authority to administer an estate.

Q: How much does a grant of representation cost in the UK?

A: If the estate is valued at £5,000 or more, the application fee is £300. There's no fee if the estate is worth less than £5,000. Extra official copies cost £16 each (increased from £1.50 in November 2025). You may also need to pay inheritance tax before the grant is issued.

Q: How long does it take to get a grant of representation in 2025?

A: Processing times vary by type. Grant of probate applications submitted online typically take around 5 weeks. Letters of administration without a will take approximately 8 weeks, while letters of administration with a will can take up to 19 weeks. Online applications are processed significantly faster than paper applications.

Q: Do I always need a grant of representation?

A: No, you don't always need one. If the estate is worth less than £5,000, or if all assets were jointly owned and pass automatically to survivors, you may not need a grant. Each bank sets its own threshold—some release up to £50,000 without seeing a grant. Always check with the specific institutions holding the deceased's assets.

Q: Who can apply for a grant of representation when there's no will?

A: The order of priority follows intestacy rules: surviving spouse or civil partner first, then children, parents, siblings of the whole blood, siblings of the half blood, grandparents, aunts and uncles, and finally the Crown. All persons in each higher category must be unable or unwilling to act before entitlement passes to the next category.

Q: Can a grant of representation be rejected?

A: Yes, applications can be rejected for several reasons including missing documentation, errors in forms, incorrect valuations, unsigned or damaged wills, or if a caveat has been placed on the estate. Over a third of applications are 'stopped' by HMCTS due to missing information or errors, sending the application to the back of the queue.

Q: What happens if someone challenges the grant of representation?

A: A legal challenge is made by filing a caveat with the Probate Registry, which blocks the grant from being issued for 6 months (extendable for another 6 months). Common reasons include disputes over the will's validity, allegations of undue influence, or questions about the deceased's mental capacity. The dispute must be resolved before the grant can be issued.

Conclusion

Key takeaways:

  • A grant of representation is the umbrella term for both grant of probate (when there's a will) and letters of administration (when there's no will)—you need one to access most solely-owned assets over £5,000
  • In 2025, online applications are processed in about 5 weeks on average for probate grants, but letters of administration can take 8-19 weeks depending on complexity—apply online when possible for faster processing
  • The application costs £300 if the estate is over £5,000, plus £16 per official copy. DIY applications cost under £800 total while solicitor-assisted applications typically cost £2,500-£6,000+
  • Over a third of applications are rejected or "stopped" for errors—the most common mistakes are missing documentation, incorrect valuations, and damaged wills. Double-check everything before submitting
  • Once you receive the grant, the real work begins: closing accounts, paying debts, selling assets, and distributing to beneficiaries typically takes another 6-12 months

Navigating the grant of representation process while grieving is challenging, but understanding the requirements and avoiding common pitfalls makes it manageable. Thousands of families successfully obtain grants every month without expensive legal help—with the right information and careful preparation, you can too.

The most important gift you can give your own family is a clear, legally valid will that makes this entire process simpler when your time comes.

Need Help with Your Will?

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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