Grants of representation
A Grant of probate and a grant of letters of administration are both forms of grants of representation.
A grant of representation is an official document with a stamp in the lower right-hand corner. It shows the person who has died – name, address and date of death, the total value of his or her estate and the names and addresses of the personal representatives.
The grant is proof that the personal representatives have authority to deal with the estate. Typically, it is required before the personal representatives can collect funds, sell property and so on.
To obtain a grant of representation you must make an application to the probate office. You can do this by yourself or with the help of a Solicitor.
To make the application you must complete at least two forms. The Probate application (PA1) and an Inheritance tax form. There is more than one inheritance tax form and the one you will need is dependent on if the estate is subject to inheritance tax. When there is no inheritance tax to pay you will need the IHT205. When there is inheritance tax to pay you will need the IHT400.
When filling in the IHT205 it may prompt you to stop and change to the IHT400 depending on how you answer the questions on the form. When filling in the IHT400 it will prompt you to fill in additional forms if necessary again depending on your answers. You can find the additional forms on the government website.
Once the probate office has received your application and reviewed it, providing they find the information to be correct with no complications, you will be asked to ‘swear an oath’. You can swear this in an interview arranged at the probate office or at a ‘Commissioner of oaths’
Probate will be granted within 10 days of you swearing the oath.
If you are the executor of an estate that is subject to probate and would like the help of a solicitor, give a member of our team a call on 08007318722 for a fixed fee probate quote or send us an inquiry via our website.