Types of Grant Probate

There are different types of grant probate depending on where in the country you are located.

As a basic guideline, for any estate worth over £5,000, the executor will need to obtain either a ‘grant of representation’ in England & Wales or the ‘grant of confirmation’ if they are in Scotland.

This will provide the executors with the authorization to manage the estate, as well as prove their authority to any relevant institution including banks, building societies etc. Most places will not deal with the executor until they can provide the documentation first.

Grants in England & Wales

The three main types of Grant Probate in England & Wales are:

1.Grant of probate – these are issued when the executor is appointed under the Will to administer the estate

2.Grant of letters of administration with Will annexed – the Grant is issued when there is a Will but no executor has been appointed, or if the executor refused or unable to take the role

3.Grant of letters of administration – this is issued when the deceased doesn’t leave a will, to which rules of intestacy apply

Probate Forms for England & Wales

Depending on which type of above grant probate you apply for, the procedures will be slightly different, but the forms will be the same in all cases:

Probate Application Form (Form PA1) – used for applying for the grant of representation in England & Wales.

Short Form of Return of Estate Information (Form IHT 205) – used if the value of the estate is under £325,000 or less than £1,000,000 and no inheritance tax is needed to be paid due to spouse, civil partner or charity exemptions

There also different probate forms which may required depending on whether inheritance tax is due, these can be obtained from the HMRC.

Grants in Scotland

In Scotland, there is only one type of Grant – the Grant of Confirmation. Confirmation is the legal evidence of the personal representative’s authority to manage the deceased’s estate: whether testate or intestate. As such confirmation is conclusive proof as to the validity of the Will, if any, and of the executor’s office.

Probate Forms for Scotland:

Application For Confirmation (Form C1) – used for applying for confirmation in Scotland
Short Form of Return of Estate Information (Form C5) – used if the value of the estate is under £325,000 or less than £1,000,000 and no inheritance tax is needed to be paid due to spouse, civil partner or charity exemptions

Where to Obtain the Grants?

If you are in England or Wales, you will need to got to the Probate Registry to apply. The High Court will then issue the grants through the Registry

If you are in Scotland, the confirmation can be obtained through the Commissary Department of the Sheriff’s Court, in the area where the deceased was domiciled.