Grant of Representation: Grant of Probate vs Letters of Administration Compared
A "grant of representation" is the court document that gives you legal authority to deal with a deceased person's estate in England and Wales. It comes in two main flavours: a grant of probate, issued to the executors named in a valid will, and letters of administration, issued to the next of kin when there is no will (or no surviving executor). Same powers, different name — the only thing that decides which one you get is whether there is a will that appoints someone to act.
What "grant of representation" actually means
People search for "grant of representation," "grant of probate," and "letters of administration" as if they were three different documents. They are not. "Grant of representation" is the umbrella term. Underneath it sit the two grants you will actually apply for:
| Grant type | When you get it | Who holds the authority |
|---|---|---|
| Grant of probate | There is a valid will and it names an executor who is able and willing to act | The executor(s) named in the will |
| Letters of administration (with will annexed) | There is a valid will but no executor able or willing to act (e.g. the named executor has died or renounces) | A beneficiary or other entitled person, in priority order |
| Letters of administration | There is no valid will at all — the person died "intestate" | The closest surviving relative, in the statutory priority order |
Whichever one you receive, the sealed paper (or the digital grant on the official online service) does the same job: it proves to banks, the Land Registry, share registrars and pension providers that you are the person legally entitled to collect in, sell, and distribute the estate. Without it, most institutions holding more than a few thousand pounds will refuse to release anything (GOV.UK: Applying for probate).
Think of the grant as a "permission slip" stamped by the Probate Registry. Probate = the will told the court who is in charge. Letters of administration = no valid appointment exists, so the law tells the court who is in charge. From that point on the holder is the "personal representative" (PR) — "executor" for probate, "administrator" for letters of administration.
What a grant lets you do
The grant is the key that unlocks the estate's assets. Once it is issued, the personal representative can:
- Access bank and building society accounts — close them, transfer the balances, and stop direct debits. Most banks will release small balances (often up to £20,000–£50,000, set by each bank's own policy) without a grant, but anything larger needs the grant produced.
- Sell or transfer property — the Land Registry will only register a sale or transfer of the deceased's home once it has seen the grant naming you as PR.
- Cash in or transfer investments — shares, ISAs, NS&I and fund holdings are released to the named PR on production of the grant.
- Settle debts and the funeral account from estate funds.
- Distribute the estate to the beneficiaries — under the will if there is one, or under the intestacy rules if there is not.
You do not always need a grant. If the entire estate was held jointly (a jointly-owned home and joint bank accounts pass automatically to the survivor by survivorship), or if the only assets are small balances under each provider's threshold, a grant may be unnecessary. The grant becomes essential the moment there is a solely-owned property or a sizeable single account.
Worked example — which grant a surviving spouse needs
The single most common question I am asked is: "My husband/wife has died — do I need probate?" The honest answer is "it depends entirely on whether they left a will and what they owned." Here is the same widow, in two different worlds.
Meet Sandra, 67, recently widowed. Her late husband Raymond owned, in his sole name, a flat worth £340,000 and a savings account of £85,000. They had two adult children. The estate is worth £425,000.
Scenario A — Raymond left a valid will naming Sandra as sole executor and sole beneficiary.
- Sandra is the named executor, so she applies for a grant of probate using form PA1P (the "P" is for "probate / there is a will").
- Because she inherits everything as the surviving spouse, the whole estate is covered by the spouse exemption — transfers between UK-domiciled spouses are exempt from Inheritance Tax — so no IHT is due (GOV.UK: Inheritance Tax).
- The grant of probate arrives naming Sandra. She produces it to the bank to release the £85,000 and to the Land Registry to sell the £340,000 flat. She then keeps or distributes the proceeds as she wishes.
Scenario B — Raymond died without a will (intestate).
- There is no executor, so Sandra cannot get probate. As the surviving spouse she has first priority to apply for letters of administration using form PA1A (the "A" is for "administration / no will").
- Under the intestacy rules, because there are children, Sandra does not automatically inherit everything. She receives all the personal possessions, the first £322,000 as the "statutory legacy," plus half of whatever is left; the children share the other half (HMRC IHTM12122). Let's run the maths.
| Step | Calculation | Amount |
|---|---|---|
| Total estate | £340,000 flat + £85,000 savings | £425,000 |
| Sandra's statutory legacy | fixed first slice | £322,000 |
| Residue remaining | £425,000 − £322,000 | £103,000 |
| Sandra's half of residue | £103,000 × 50% | £51,500 |
| Sandra inherits in total | £322,000 + £51,500 + chattels | £373,500 |
| Children share the other half | £103,000 × 50%, split two ways | £51,500 (£25,750 each) |
So in Scenario B Sandra still applies as administrator, but she ends up sharing the estate with her own children — a result Raymond may never have intended. The takeaway is not that intestacy is disastrous here (Sandra is well protected), but that the grant Sandra needs, the form she files, and the people she must pay are all decided by that one missing document: the will. Note the IHT position is unchanged — the children's slices are still spouse-side family, and on these figures the estate is comfortably within the available nil-rate bands in any event.
Who can apply, and the intestacy priority order
If there is a will, the order is simple: the executors named in the will apply first. Up to four people can be named on a single grant (GOV.UK). If every named executor has died, renounced, or cannot act, a beneficiary under the will can step in and apply for letters of administration "with will annexed."
If there is no will, the law sets a strict priority order (Rule 22 of the Non-Contentious Probate Rules). Only when no one in a higher class is willing or able to act does the right pass down to the next class:
| Priority | Who can apply for letters of administration |
|---|---|
| 1 | Surviving spouse or civil partner |
| 2 | Children of the deceased (or their descendants if a child has died) |
| 3 | Parents of the deceased |
| 4 | Brothers and sisters (or their descendants) |
| 5 | Grandparents |
| 6 | Uncles and aunts (or their descendants) |
| 7 | The Crown (estate passes "bona vacantia" if no relative qualifies) |
Crucially, an unmarried partner has no automatic right to apply or to inherit on intestacy, however long the relationship — a frequent and painful surprise. The same priority order broadly governs who inherits, which is why getting the grant right and getting the distribution right are two sides of the same coin (GOV.UK: Who inherits without a will).
How the grant links to the PA1P/PA1A and IHT forms
Applying for a grant is a two-track process that has to happen in the right order: you (1) sort out Inheritance Tax with HMRC, then (2) lodge the probate application. The forms slot together like this:
| Form | What it is | When you use it |
|---|---|---|
| PA1P | Paper application for a grant of probate | There is a will — you are the executor (or a beneficiary if there is no executor) |
| PA1A | Paper application for letters of administration | There is no will |
| IHT400 | Full Inheritance Tax account | Tax is due, or the estate is not an "excepted estate." Must be submitted to HMRC before you can get the grant |
| Estate values on the application | Gross and net estate figures reported as part of the probate application itself | For "excepted estates" (no IHT to pay) of deaths on or after 1 Jan 2022 — no separate HMRC form needed |
Two figures drive whether you need the full IHT400. The standard nil-rate band is £325,000, and an extra residence nil-rate band of £175,000 can apply when a home passes to children or grandchildren — together giving up to £500,000 tax-free per person (frozen at these levels through to the 2029/30 tax year). Anything taxable above the available bands is charged at 40% (GOV.UK: Inheritance Tax; GOV.UK: NRB/RNRB thresholds).
Order of play in practice:
- Value the estate and work out whether any IHT is due.
- If tax is due (or full reporting is required): complete and submit IHT400 to HMRC. You normally have to start paying any tax before the grant is issued, and you cannot apply for the grant until HMRC has processed the account (GOV.UK: If there's Inheritance Tax to pay). The old IHT205 short-form was abolished for deaths on or after 1 January 2022.
- Then apply for the grant: file PA1P (will) or PA1A (no will) — by post, or online through the official service — with the death certificate, the original will (for PA1P), and the application fee.
- Grant issued. You can now collect in the assets and distribute the estate.
- "Grant of representation" is the umbrella term; the two grants you actually apply for are grant of probate (with a will) and letters of administration (without).
- The deciding factor is simply whether a will exists that appoints a willing executor — not the size or complexity of the estate.
- Both grants give the same powers: access banks, sell property, settle debts, and distribute the estate.
- Executors use form PA1P; administrators use form PA1A. The IHT400 (where tax is due) must clear HMRC before either grant is issued.
- On intestacy a surviving spouse takes the chattels, the first £322,000 statutory legacy and half the rest, with children sharing the other half — verified against HMRC's manual.
- An unmarried partner has no automatic right to apply for the grant or to inherit on intestacy.
Frequently asked questions
Is a grant of representation the same as probate?
"Grant of representation" is the umbrella term. "Grant of probate" is the specific grant issued when there is a will naming an executor. When people say "I'm getting probate," they usually mean a grant of probate; if there is no will, the equivalent document is letters of administration. Both are grants of representation.
Do I need a grant if my spouse left everything to me?
Not always. Assets held jointly (a jointly-owned home, joint bank accounts) pass automatically to you by survivorship and need no grant. You will need a grant if your spouse owned a property or a sizeable account in their sole name, because the Land Registry and most banks require it before they release solely-owned assets.
What is the statutory legacy on intestacy?
Where someone dies without a will and leaves a spouse or civil partner and children, the survivor receives all the personal possessions, a fixed cash sum of £322,000 (the "statutory legacy," in force since 26 July 2023), and half of anything above that. The children share the other half. This is confirmed in HMRC's Inheritance Tax Manual at IHTM12122.
Which form do I use — PA1P or PA1A?
Use PA1P if there is a will (you are applying for a grant of probate as the executor, or as a beneficiary if there is no executor). Use PA1A if there is no will (you are applying for letters of administration). You can also apply online through the official GOV.UK probate service rather than by post.
Do I have to deal with Inheritance Tax before I get the grant?
Yes, if tax is due. You must value the estate and, where the estate is taxable, submit form IHT400 to HMRC and normally begin paying any tax before the grant is issued — you cannot apply for the grant until HMRC has processed the account. For "excepted" (non-taxpaying) estates of deaths from 1 January 2022, you report the estate values within the probate application itself, with no separate HMRC form.
Can an unmarried partner apply for letters of administration?
No, not by right. On intestacy the priority order starts with a spouse or civil partner, then children, then parents — an unmarried partner is not in the list and has no automatic right to apply or to inherit, however long the relationship. They may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but that is a separate court process.
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