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Is a grant always needed ?
Sometimes a grant is not required and you should ask anyone holding the deceased.s money whether they will
release it to you without seeing a grant. If they agree they may attach conditions such as asking you to sign
a statutory declaration before a solicitor. It is for you to decide whether it is cheaper or easier to do this than to apply for a grant.
A grant may not be required in the following cases:-
- If the estate is small some organisations such as insurance companies and building societies may release the money to you at their discretion.
- If the whole of the estate is held in joint names and passes automatically to the surviving joint owner.
If you are in doubt on this point you may need to ask a solicitor whether a grant is needed to change the ownership of an asset.
Note: A grant will always be required to sell or transfer a property held in the deceased's sole name.
Important
Do not advertise any house for sale too soon after the owner.s death, as a sale cannot be completed until you have obtained the grant. The date of the issue of the grant cannot be guaranteed to coincide with the final stages of any sale.
Below are forms and guidance notes made available to you to guide you through the process of probate.
This information refers only to the law in England and Wales. If the deceased was permanently resident outside England and Wales another system of law may apply – this will be explained when we receive your application. If you need to apply for a Grant of Representation in Scotland or Northern Ireland, you should contact the court in the appropriate country.
Forms & Leaflets
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| PA1 |
How to obtain Probate - application form (194Kb) |
| PA1a |
Guidance notes For Probate Application Form PA1 |
| PA1s |
Application for Probate Search |
| Click here |
for
Welsh versions of Probate Forms & Leaflets |
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| PA2 |
How to obtain Probate - A guide for the applicant
acting without a solicitor (21Kb) |
| PA3 |
Probate Fees (18Kb) |
| PA4 |
Directory of Probate Registries(19Kb) |
| PA6 |
My probate appointment - What will happen? (118Kb) |
For more information see The Court Service
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