What is "proof of authority"?
A death certificate proves someone has died. It does not prove you're allowed to act on their behalf. For that, banks, insurers and the Land Registry usually want a separate legal document confirming who's entitled to deal with the estate – what that document is called depends on where in the UK the person lived.
| Nation | Document | Issued by |
|---|---|---|
| England & Wales | Grant of Probate (if there's a will) or Letters of Administration (if there isn't) | Probate Registry |
| Scotland | Confirmation | Sheriff Court |
| Northern Ireland | Grant of Representation | Probate Office |
Applying for a Grant of Probate or Letters of Administration
Work out who applies
If there's a valid will, the named executor applies for a Grant of Probate. If there's no will, the closest relative under the rules of intestacy applies for Letters of Administration instead.
Value the estate and settle any Inheritance Tax
Before the grant can be issued, you'll usually need a rough valuation of the estate's assets and debts, and to tell HMRC whether Inheritance Tax is due. Larger or more complex estates can take longer at this stage.
Apply to the Probate Registry
Applications can be made online through gov.uk or on paper. You'll need the death certificate, the original will (if there is one), and the estate valuation. There's a court fee, with a reduced or waived fee for smaller estates.
Applying for Confirmation
Confirmation works a little differently: the application itself lists and values every asset in the estate (form C1), rather than being a separate valuation exercise. It's issued by the Sheriff Court for the area where the person lived. For smaller estates, the sheriff clerk can help you prepare the inventory – see our guide on small estates for the current threshold.
When will companies ask to see it?
Most banks, insurers, pension providers and the Land Registry will ask for the grant (or Confirmation) before releasing significant funds or transferring property – it's their proof that you're legally entitled to deal with the estate. Smaller balances are often released without it; see our guide on when you don't need a full grant.
Common questions about Grant of Probate and Confirmation
What's the difference between a Grant of Probate and Letters of Administration?
Both are Grants of Representation issued by the Probate Registry in England and Wales. A Grant of Probate is issued to the executor named in a valid will; Letters of Administration are issued when there's no will (or no executor able to act), usually to the closest relative under the rules of intestacy.
Is Confirmation the same as a Grant of Probate?
Confirmation is Scotland's equivalent, issued by the Sheriff Court rather than the Probate Registry, and it works a little differently – it lists and values the estate's assets as part of the document itself, which English/Welsh grants don't.
Do I always need a Grant of Probate to deal with a bank account?
No. Many banks and institutions will release smaller balances without one, under their own discretionary limits or the statutory small-payments scheme. See our guide on small estates for the current thresholds in each jurisdiction.
How long does it take to get a Grant of Probate?
It varies with the Probate Registry's workload and the complexity of the estate, and can take anywhere from a few weeks to several months, especially if Inheritance Tax needs to be assessed first. Applying online is usually faster than a paper application.