Legal authority is generally required in England to allow an individual, known as a Personal Representative, to administer a deceased person's estate.
The Personal Representative must make an application to the Probate Registry, known as a Grant of Representation, in order to apply for this legal authority.
There are many types of Grants which can be applied for, but the three most common forms are as follows:
Grant of Probate
This type of Grant is applied for by the Executors named in a person's valid Will.
A Grant of Probate may not always be required, where the deceased person had a very small valued estate, for example, or all of their assets passed automatically by survivorship to a joint owner. In the majority of cases however, a Grant of Probate will be required.
If the Will appoints one Executor, this person is able to apply as the sole Executor. Where two or more Executors are appointed, they can all apply, or some Executors can decide they do not want to. In this scenario, they can have power reserved to them, or they may renounce and relinquish their rights to apply in the future.
In terms of the application process itself, from 2nd November 2020, as per the Non-Contentious Probate Rules (as amended by SI 2020/1059), professionals applying for a Grant of Probate on behalf of Executors must use an online portal called MyHMCTS. Executors applying without the assistance of professionals can still apply by post, but also online, should they wish.
The original Will must also be sent to the Probate Registry, which then becomes a public document. Certain Wills, such as those executed by the royal family, are sealed by the Court and remain private. In September 2021, a Court ordered the late Duke of Edinburgh's Will to be sealed for at least 90 years.
With regards to time frames, although there is no time limit to apply for a Grant of Probate, the Executors are unable to apply within seven days from the date of death.
Once the application for the Grant of Probate has been approved by the Probate Registry, the Executors have the authority to administer the deceased's entire estate.
Grant of letter of administration with the will annexed
There may be a situation where a deceased has left a valid Will, but there are no Executors available or willing to apply for a Grant of Probate. In this situation, an application is made by an individual referred to as an Administrator, who sends the original Will to the Probate Registry, and makes an application for a Grant of letter of administration with the will annexed.
Rule 20 of the Non-Contentious Probate Rules governs who can apply as an Administrator. In most cases, it will be a residuary beneficiary named under the Will.
Grant of letter of administration
Where a person has died without making a Will, or has not left a validly executed Will, an Administrator must apply for a Grant of Representation known as Letters of Administration.
There is a priority order of individuals who can apply, set out in Rule 22 of the Non-Contentious Probate Rules. Where an individual has passed away leaving a spouse, this person has first priority to be appointed as Administrator. Thereafter, children, parents, siblings and then wider relatives may apply, in a strict order.
An application for a Grant of Letters of Administration cannot be made within 14 days of a person's death and it can be made online or by post. There is no absolute requirement to make the application online.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.