What is a grant of probate/letters of administration?

These terms refer to a legal document which allows the person(s) named in it to collect in and distribute the estate (property, money, possessions etc.) of a deceased person.

Probate is the process of officially proving the validity of a will, but the following information applies equally where the deceased person died without leaving a will in which case the grant is called 'letters of administration'.

What is its purpose?

The grant is proof that a person or persons named in it are entitled to collect in and distribute the monies or other assets of the deceased and may be produced to those organisations (banks, building societies, etc.) holding such assets.

Is a grant needed in all cases?

No - It may not be necessary to obtain a grant:

• Where a home is held in joint names and is passing by survivorship to the other joint owner.
• Where a joint bank or building society account is held, production of a death certificate may be sufficient for the monies to be transferred to the joint holder.
• Certain institutions may release monies without a grant being produced if the amount held by the deceased was small. Apply to the institution to see if they will release monies without a grant.

If the above circumstances do not apply or if the institutions concerned inform you that a grant of probate is, or letters of administration are, required you can choose to:

• contact a solicitor who will arrange this for you - (you will find local firms of solicitors listed in the Yellow Pages); or,
• you can do it yourself.

If you wish to do it yourself please telephone the Probate & Inheritance Tax Helpline, for information, forms and guidance:

       Tel: 0845 3020 900
       Opening Hours: Monday to Friday 9am - 5 pm

Alternatively visit www.theprobateservice.gov.uk and click on 'Forms & Guidance'.