Do I need a grant of probate

Is a grant needed in all cases?

No.

It may not be necessary to obtain a grant where a home is held in joint names and is passing by survivorship to the other joint owner.

Where a joint bank or building society account is held, production of a death certificate may be sufficient for the monies to be transferred to the joint holder.

Certain institutions may release monies without a grant being produced if the amount held by the deceased was small. Apply to the institutions to see if they will release monies without a grant.

If the above circumstances do not apply or if the institutions concerned inform you that a grant is required, please contact one of the addresses overleaf for further information. Staff at Probate Registries can offer procedural guidance on how to obtain a grant; they cannot provide legal advice.

Note: The guidance How to obtain probate - Form PA2 forms part of the package provided to applicants when applying for probate.

What is its purpose?

The grant is proof that the person or persons named in it are entitled to collect in and distribute the monies or other assets of the deceased and may be produced to those organisations (banks, building societies, etc.) holding such assets.

What is a grant of probate/letters of administration?

A legal document which allows the person or persons named in it to collect in and distribute the estate (property, money, possessions etc.) of the deceased.

Probate is the process of officially proving the validity of a will, but the information in this leaflet applies equally where the deceased died without leaving a will in which case the grant is called 'letters of administration'.

HM Courts & Tribunals Service

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