When is a Grant of Probate not needed?

  • When the deceased's estate is valued at under £5000, and
  • The estate does not include land, property or shares
  • All assets are held jointly with another surviving person
  • Any bank or building society accounts contain less than £5000 each
Types of Grant of Representation
  • A Grant of Probate
  • A Grant of letters of administration with will annexed
  • A Grant of letters of administration (Grant of simple administration)
Grant of Probate
This is where the deceased left a valid will appointing executors who are willing to act and prove the will
A Valid Will
For a Will to be Valid
  1. It must be in Writing
  2. The Testator must be over 18
  3. It must be signed by 2 witnesses
  4. Witnesses must sign in the presence of the Testator
  5. It must be dated
A Grant of Letters of Administration with Will Annexed
This is where there is a valid Will but one or more of the following applies
  • No named Executors
  • All the named Executors have already died
  • The Executors have renounced their right to act
  • The sole Executor is now a divorced spouse
  • The sole executor died before taking out the Grant
  • The Executors have been cited but refuse to take the Grant
  • The Executor applies for their attorney to take out the Grant
A Simple Grant of Administration
This is where there is no valid Will