Last modified: 13/08/2011
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It's in the Wizard
This content forms part of The Probate Wizard. Read more.
Is a grant of representation required?
For low value estates, and estates where most or all of the assets are held as "joint tenants", a grant may not be required.
Low value estates
Typically, a grant of representation will not be required for an estate worth less than £5,000.
A grant may not be needed if the estate is worth more than £5,000, but no single asset is worth more than £5,000.
For example, a grant may not be required for an estate worth £12,000, with four bank and savings accounts each worth £3,000.
Video: Grants of representation
Assets held as joint tenants
A grant is not required for jointly-owned assets held as "joint tenants", including houses and bank accounts.
However, a grant may be required for jointly-owned assets held as "tenants in common", or assets in the sole name of the deceased.
See our guide "Do joint tenants need a grant of representation?".
Discretion of the banks and others
In any event, banks and others have discretion as to whether they need to see a grant of representation.
If just one bank or other institution needs to see a grant, a grant must be obtained.
When contacting banks and others, you should ask whether they need to see a grant of representation. If no institution needs to see a grant, a grant is not required.
For this reason, you may not know whether or not a grant is required until you have made enquiries of banks and others and valued the estate.
When is a grant always required?
Amost always, a grant is required if the deceased owned:
- A house or other land/buildings (unless owned as "joint tenants", see above);
- Shares; or
- Certain types of insurance policies.
What do I do if a grant is needed?
If a grant is needed, the estate must be valued, inheritance tax paid (if any), and an application for grant submitted to the Probate Service. See our guide "How to apply for a grant of representation".
The Probate Wizard will guide you through this process.
Can I use The Probate Wizard if a grant is not required?
An estate must still be dealt with even if a grant of representation is not required. The Probate Wizard will guide you through this process.
It will help you work out whether or not a grant is required. If a grant is not required, you will have the chance to purchase a detailed report of the estate for the benefit of the personal representatives and beneficiaries.
Need a grant of probate?
Not sure where to start?
The Probate Wizard guides you through the process from start to finish.
You could make significant savings compared to the cost of using a solicitor.
Get started for free or find out more.
Visit www.thelawwizard.com to find out more and get started for free.
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