What is a Grant – Probate & Letters of Administration

Probate can be a daunting term, often associated with legal complexities and uncertainties. Yet, understanding what probate is and whether you need it is crucial, especially when navigating the aftermath of a loved one’s passing or planning your own estate. Whether you’re a beneficiary, executor or simply curious about estate planning, read this blog where we unravel the intricacies of probate and explore whether it’s a necessary step in your journey.

What is a Grant?

A Grant, sometimes called Probate, is a legal document that is often needed to deal with the estate of someone who has died.

Types of Grants

There are different types of Grants. If there is a will in place then it is called Grant of Probate but if there is no will, it is Grant of Letters of Administration. Both documents work in the same way.

When is a Grant needed?

Before an administrator of an estate can start dealing with an estate and subsequently distribute the estate, they may have to apply for a Grant.

If the estate includes property or land, then a Grant of Probate or Letters of Administration will most likely be needed.

A Grant may not be needed if:

• The estate is made up of cash assets and personal possessions and under a certain value
• Any property is owned as beneficial joint tenants and the joint owner is still alive
• There was a joint bank account (and the joint owner is still alive)
• The estate is insolvent
• The assets included life insurance policies and pension benefits but these pass outside of the estate

The process of applying for a grant

1. Register the death – the death needs to be registered within 5 days in England. This will allow the death certificate to be released that will be needed to start executing the Will or dealing with the estate.
2. Inform organisations and beneficiaries – you will need to inform the companies that they worked with so their accounts can be closed. Beneficiaries will need to be informed of their entitlement to a share of the estate as soon as possible.
3. Submit the application for the Grant and complete any Inheritance Tax Forms. It usually takes up to 16 weeks for Grant to be issued, however it can take longer if the forms are incorrect or missing.
4. Pay Inheritance Tax
5. Pay off all debts – credit card, mortgage and other loans will need paying off.
6. Life Insurance claims – if the deceased had life insurance then you will need to contact the provider and claim the pay-out.
7. Distribute the assets – distribute the assets to the beneficiaries according to the Will or in accordance with the intestacy rules

How can Taylor Bracewell’s experienced Probate solicitors assist you?

Our expert Probate team can assist you when applying for a grant for a deceased loved one. They will guide you through the process, right from registering the death through to the distribution of the assets to all beneficiaries. Call our Doncaster solicitors on 01302 341414 or our Sheffield solicitors on 0114 2727 1884. Alternatively, you can fill out our online enquiry form.