There are two different types of grants:
- Grant of probate- applied for if the person who died with a valid will.
- Grant of letters of administration- applied for if the person who died did not have a valid will.
Who applies for a grant of probate?
It is the role of the executors named in the will to apply for the grant of probate.
If I am appointed as an executor in the will, do I need to act?
Just because you are named in the will as an executor does not mean you have to act as an executor. If you do not want to take on the role of an executor you can do one of the following:
- Give up all your rights to act as an executor.
- Reserve your right to act as an executor in case you want to be involved in the future.
What happens if an executor named in the will has died before applying for a grant of probate?
If there are other living executors then they can apply and simply include the information regarding the death of the other executor in the application. If all of the executors chosen in the first instance are unable or unwilling to apply for a grant then the replacement executor(s) may apply.
Who applies for a grant of letters of administration?
When a person died without making a will, the deceased’s next of kin/spouse/civil partner can apply for a grant of letters of administration. If their application is successful then they will be known as an administrator of the deceased’s estate.
How long does it usually take before receiving a grant?
It currently takes approximately two months to receive a grant of probate after the application has been submitted, however, there can be exceptions.
What do you do with a grant?
You will have to provide the grant or certified copies of the grant (depending on the institutions) to all the relevant institutions.