Grant of Representation
What is a grant of representation?
Written by Eliza Elliott, Legacy Adviser at Octopus Legacy. Last updated: March 2026.
A grant of representation is a court document that gives someone the legal authority to deal with a deceased person's estate. Without it, banks, building societies, pension providers, and the Land Registry won't release funds or transfer property.
It's one of the first legal steps after someone dies — and it's often the one that causes the most confusion. This guide explains what a grant of representation is, which type you need, how to apply, and what it costs.
Grant of probate vs letters of administration
"Grant of representation" is the umbrella term. The type you need depends on whether the person who died left a valid will.
| Type | When it applies | Who applies |
|---|---|---|
| Grant of probate | The person who died left a valid will | The executor(s) named in the will |
| Letters of administration | No valid will exists, or the named executor can't or won't act | A close relative — usually spouse, civil partner, or child (in a set legal order) |
| Letters of administration (with will annexed) | There's a will, but the named executor can't or won't act | A beneficiary or other entitled person |
In everyday language, people often say "probate" when they mean any type of grant of representation. The process is similar in all three cases — the main difference is who's allowed to apply.
Read our full guide to what probate is and how it works.
Do you always need a grant of representation?
No. A grant isn't always required. It depends on the size and type of assets in the estate.
You probably don't need one if:
- The estate is small and no single asset is worth more than £5,000
- All property was held as joint tenants (it passes automatically to the surviving owner)
- All bank accounts were jointly held
- Assets are held in trust or pass outside the estate (like a life insurance policy written in trust)
You probably do need one if:
- The estate includes property held as tenants in common
- Any bank or building society holds more than £5,000 in the person's sole name
- The estate includes shares, investments, or a business
- You need to sell or transfer property through the Land Registry
Even if you don't need a grant, you'll still need to notify HMRC and potentially complete an inheritance tax form. Read our guide to the key steps before applying for probate.
Not sure if you need one? Take our quick 1-minute quiz to find out.
Who can apply for a grant of representation?
If there's a will (grant of probate)
The executor(s) named in the will apply. Up to four executors can be named, but a minimum of two is required if there's a trust or a beneficiary under 18.
If there's no will (letters of administration)
The law sets out a priority order for who can apply:
- Spouse or civil partner
- Children (or their children, if the child has died)
- Parents
- Siblings (or their children)
- Grandparents
- Aunts and uncles (or their children)
General rules
- You must be at least 18
- You can't be bankrupt
- You must have mental capacity to act
- If an applicant is abroad, an additional guarantee from a bank or insurance company may be needed
How to apply for a grant of representation
Step 1: Value the estate
Before you can apply, you need to know what the estate is worth. List all assets (property, savings, investments, pensions, personal belongings, digital assets) and all debts (mortgage, loans, credit cards, outstanding bills).
Get date-of-death valuations for everything. Property should be valued at market value — not what it was bought for.
Step 2: Complete the inheritance tax form
HMRC must be notified of every death, even if no tax is owed. The form you need depends on the estate:
| Form | When to use |
|---|---|
| IHT205 | Straightforward estates below the IHT threshold — no tax to pay |
| IHT400 | Estates that owe IHT, claim reliefs, or exceed the reporting threshold |
| C1 with C5 or C5SE | Deaths in Scotland |
If IHT is owed, you must send the IHT400 to HMRC and wait 20 working days before applying for the grant.
Step 3: Place a Section 27 notice
Before distributing the estate, place a statutory advertisement in The Gazette and a local newspaper. This gives creditors two months to come forward. If you skip this step and an unknown creditor appears later, you could be personally liable.
Step 4: Apply for the grant
Apply online at GOV.UK if:
- You have the death certificate and the original will (if applicable)
- The person lived in England or Wales
- You've completed the IHT form
- You're not making a joint application
Apply by post if you can't apply online:
Step 5: Receive the grant and register it
Once issued, send sealed copies to every organisation holding the deceased's assets — banks, building societies, pension providers, the Land Registry. Use copies, not the original. Organisations don't always return documents.
How long does a grant of representation take?
| Stage | Typical timeline |
|---|---|
| Valuing the estate and completing IHT forms | 2–8 weeks |
| HMRC processing (if IHT400 submitted) | 20 working days minimum |
| Probate Registry processing | 8–16 weeks from application |
| Total from death to grant | 3–6 months typically |
| Full estate administration | 6–12 months (longer for complex estates) |
Delays can happen if the IHT form is incomplete, if there are queries from HMRC, if a caveat has been lodged, or if the estate involves overseas assets.
How much does a grant of representation cost?
| Cost | Amount (2026) |
|---|---|
| Application fee | £300 (no fee for estates £5,000 or under) |
| Sealed copies of the grant | £16 each (order several — you'll need them for banks, etc.) |
| Section 27 notice (The Gazette) | ~£100 |
| Local newspaper notice | ~£80–£150 |
The application fee increased from £273 to £300 in May 2024. The cost of sealed copies increased from £1.50 to £16 in November 2025.
Inheritance tax: what executors and administrators need to know
The IHT thresholds directly affect whether tax is owed on the estate — and how much paperwork you'll need.
| Threshold | Amount (2026) | Detail |
|---|---|---|
| Nil-rate band (NRB) | £325,000 | No IHT below this value |
| Residence nil-rate band (RNRB) | £175,000 | If the home passes to direct descendants |
| Combined (individual) | £500,000 | Maximum before IHT for qualifying estates |
| Combined (couple) | Up to £1,000,000 | With transferable nil-rate bands |
| IHT rate | 40% | On the estate value above the threshold |
Both the NRB and RNRB are frozen until April 2030.
Key IHT changes from April 2026 and 2027
Several significant reforms are taking effect:
- Agricultural property relief (APR) and business property relief (BPR) — from 6 April 2026, 100% relief is capped at the first £2.5 million of qualifying assets (per person, or £5 million for couples). Above this, assets qualify for 50% relief only, resulting in a 20% effective tax rate.
- Pensions and IHT — from April 2027, unused pension pots will be included in the estate for IHT purposes. This could bring many more estates above the threshold.
- Non-domicile status — ended in April 2025, replaced by a residency-based system. This affects how overseas assets are treated for IHT.
These changes mean more estates will face IHT — and more personal representatives will need professional advice. For detailed guidance, read our guide to the key steps before applying for probate.
What happens after the grant is issued?
Once you have the grant of representation, you're legally empowered to administer the estate:
- Collect all assets (close bank accounts, sell property, redeem investments)
- Pay debts in the correct legal priority order
- Pay any outstanding income tax or capital gains tax
- Distribute the estate according to the will (or the rules of intestacy if there's no will)
- Prepare estate accounts and share them with all beneficiaries
For a step-by-step breakdown, read our guide to the responsibilities and duties of an executor.
Contested grants and caveats
If someone believes the will is invalid or has concerns about who's applying, they can lodge a caveat with the Probate Registry. A caveat prevents the grant from being issued for six months while the dispute is investigated.
Common reasons for a caveat
- The will may be invalid (not properly signed or witnessed)
- The person who made the will may not have had mental capacity
- There are allegations of fraud or undue influence
- The proposed executor may be unsuitable
How caveats work
Anyone can enter a caveat by applying to the Probate Registry. It costs £3 and lasts for six months. It can be renewed.
If you disagree with a caveat, you can issue a warning through the Probate Registry. The person who lodged the caveat then has 14 days to either withdraw it or file an appearance (a formal statement of their grounds). If they file an appearance, the caveat becomes permanent and can only be removed by agreement or a court order.
Lodging a caveat without genuine grounds is considered an abuse of process. If a dispute reaches court, costs can be significant — and the losing party may be ordered to pay the winner's legal fees.
If you're dealing with a contested estate, get specialist legal advice early.
Scotland and Northern Ireland
The process is different outside England and Wales:
- Scotland — you apply for confirmation (not probate). You'll need a C1 form along with a C5 or C5SE. The process is handled by the local Sheriff Court.
- Northern Ireland — you apply for a grant of probate or letters of administration through the Probate Office in Belfast. The rules are similar to England and Wales but with some procedural differences.
Get help with your grant of representation
Dealing with legal paperwork while grieving is hard. You don't have to do it alone.
Octopus Legacy, through its partnership with the National Bereavement Service (NBS), offers fixed-price probate services. The NBS works with bereaved families every day and has a panel of trusted lawyers. The price you see on the initial quote is what you'll pay.
Call us on 020 8068 9990 or find out how we can help.
You can also download our free Guide to Being an Executor for a complete overview of the process.
Plan ahead — make it easier for everyone
The simplest way to avoid confusion after you die is to have a clear, up-to-date will. It names your executors, sets out your wishes, and makes the grant of probate process straightforward.
Write your will with Octopus Legacy →
What is a grant of representation?
A court document that gives someone the legal authority to deal with a deceased person's estate. It proves to banks, the Land Registry, and other organisations that the person is authorised to access and distribute assets. It covers both grant of probate (with a will) and letters of administration (without a will).
What is the difference between a grant of probate and letters of administration?
Grant of probate is for when the person left a valid will — the named executors apply. Letters of administration are for when there's no will, or the executor can't act. A close relative applies in a set priority order: spouse, children, parents, siblings, and so on.
How much does a grant of representation cost in 2026?
The application fee is £300 (no fee for estates £5,000 or under). Sealed copies cost £16 each. A Section 27 notice in The Gazette costs around £100. A local newspaper notice costs £80–£150. The application fee went up from £273 in May 2024 to £300. Copy fees rose from £1.50 to £16 in November 2025.
How long does it take to get a grant of representation?
The Probate Registry takes 8–16 weeks to process applications. But the total time from death to grant is usually 3–6 months, because you need to value the estate and complete IHT forms first. Full estate administration typically takes 6–12 months.
Do I always need a grant of representation?
No. You usually don't need one if the estate is small (no asset over £5,000), all property and accounts were jointly held, or assets pass outside the estate. You do need one for property held as tenants in common, sole bank accounts over £5,000, or shares and investments.
What is a caveat and how does it affect a grant of representation?
A caveat is a formal objection that prevents the grant from being issued for six months. It costs £3. Common grounds include invalid will, lack of capacity, undue influence, or unsuitable executor. It can be challenged through a warning, and if the caveator files an appearance, the matter goes to court.
What IHT changes affect grants of representation from April 2026?
From April 2026, APR and BPR are capped at £2.5 million per person (100% relief). Above that, only 50% relief applies. From April 2027, pensions are included in the taxable estate. The NRB (£325k) and RNRB (£175k) are frozen until April 2030.
Can I apply for a grant of representation myself or do I need a solicitor?
You can apply yourself online at GOV.UK or by post. You'll need the death certificate, original will (if applicable), and an IHT form. For complex estates with property, business assets, or disputes, professional help reduces risk. All professional fees can be paid from the estate.
