We understand that handling someone’s estate is a major event that often happens at a tough emotional time. We aim to make the legal side of things as easy as possible for you.

What is a grant of probate?

A grant of probate is a document issued by the Probate Registry. It confirms that the executors named in a deceased person’s will are allowed to cash in the assets and distribute them as stated in the will.

A similar document, called a grant of letters of administration, may be needed if the deceased person died without a will. It confirms that the administrators of the estate (that is the people who are dealing with the estate and ensuring that it is distributed in accordance with the rules of intestacy) are entitled to cash in the assets and distribute them.

An umbrella term for both grants of probate and grants of letters of administration is “grant of representation”.

So, do I need a grant of probate?

It depends on the assets held by the deceased when they died.

If they owned real property (like land or buildings) in their sole name, a grant of representation is needed to either transfer the property to a beneficiary or sell it.

If they owned real property jointly with another person, then it depends on how they owned the property .  Joint property can be owned in one of two ways:

• Joint tenants - By owning a property as joint tenants, the surviving owner automatically inherits the full value of the property. This is regardless of what the deceased’s will says.  This is called inheriting by “survivorship”.  In these situations, a grant is not needed.
• Tenants in common - By owning a property as tenants in common, each owner has a specific share in the property.  It may be held 50:50 or it can be held in unequal parts.  The deceased’s share of the property is given out following the way they’ve stated in their will.  And that means, like solely owned real property, a grant is needed to either transfer or sell the deceased’s share of the property.

You can check the way that the property is owned by ordering a copy of the title deeds from the Land Registry for £3. Alternatively, if the property was not registered with the Land Registry, you will need to locate the original title deeds. These may still be held with the deceased’s mortgage provider, bank or solicitor.

Do I need a grant of probate if there’s no property?

If the deceased didn’t own any real property either in their sole name or as tenants in common, then a grant may still be required. It would still be needed if they held bank accounts with substantial savings, shares or other financial products. To find out if a grant of probate is needed the executors (or administrators if there’s no will) have to provide each bank etc with a copy of the death certificate. They will then confirm their specific requirements to close the account.  Each institution has their own policies about their requirements to close accounts after death, so the only way to find out is to contact them directly.

Need more advice?

If you would like to have some more advice about whether a grant is required, please do not hesitate to contact us.  If a grant is needed, we can also apply for one on your behalf.

Got questions or ready to get started? Call us on 0800 1380 458 email help@switalskis.com or drop us a line through the website. Whenever you need us, we're here to help.