Question 1

What is Grant of Probate, Grant of Letters of Administration, and Grant of Representation (i.e. Probate)?

Accepted Answer

Grant of Probate: when someone dies with a valid will a Grant of Probate is often needed. It is a legal document that shows banks, building societies, the Land Registry and other organisations that you (the executor) have the right to deal with someone's estate after they have died, allowing you to access funds and assets

Grant of Letters of Administration: if someone dies without a valid will (called dying intestate), or there are no executors named on the will, you can't get a Grant of Probate. In this case, you will need to apply for a Grant of Letters of Administration instead.

Grant of Representation: is an umbrella term for both Grant of Probate and Letters of Administration.

Once these are granted, you can sell property, pay off debts, close accounts and divide up the estate in accordance with the will or law (in case of intestacy).

Although Grant of Representation is the umbrella term, ‘Probate' is more commonly used to refer to both types of grant.

Question 2

When is Probate required?

Accepted Answer

Short answer: Probate is required in around 50% of deaths in the UK.

Long answer: Whether it's required depends on:

The size of the estate
The kind of assets held by the person that's died
Requirements of financial organisations where the person that's died owned assets with
How assets are held by the person that's died

It's usually required if:

The total value of the estate is worth £10,000 or more; or
There is land and/or property in the sole name of the person that's died
Financial institutions, such as banks, building societies, share registrars, and investment companies, specifically ask for it, as each institution will set their own 'threshold' of an acceptable risk amount where they will release the assets without sight of Grant of Probate or Letters of Administration. Some thresholds can be as high as £50,000 or as low as £5,000; or
There are ongoing legal proceedings

In general, the following people don't require a Grant of Probate where:

The value of the estate is less than £5,000; or
All financial institutions have said they will release the funds without sight of Grant of Probate or Letters of Administration; or
All land and property are held as joint tenants and/or other financial assets, such as bank accounts or investments or life policies, that continue in the name of the survivor, were held as joint beneficial tenants, with someone who is still alive. This is because under English law when a joint owner passes away, the asset held in joint names will usually automatically pass to the surviving joint owner(s), under the rule of survivorship regardless of what a will or what the rules of intestacy states.

If you want to find out if you need Probate: Get started here.

Question 3

Who can apply for Probate?

Accepted Answer

Probate applications can be made by individuals who:

Are at least 18 years old
Are named in a will as executor(s) or if there is no will, usually the closest living relative who inherits under the rules of intestacy who will be called administrator(s)
Are not bankrupt
Have legal capacity

Question 4

Is Octopus Legal Services SRA regulated?

Accepted Answer

Yes, Octopus Legal Services is a licensed body regulated by the Solicitors Regulation Authority (SRA) to provide probate services.

Question 5

Who makes up our team?

Accepted Answer

Our probate team is made up of expert probate solicitors, trained case managers, and paralegals, and is overseen by our TEP (Trust and Estates Practitioner) qualified senior probate solicitor, June Yap, who has over 15 years of experience managing hundreds of estates of all shapes and sizes. At the start of the process you'll be paired with an expert who will see you through each step of the journey.

FAQs: Your guide to probate