Probate is authority given by the courts to a person, or persons, to allow them to administer the estate (comprising money, property, possessions and any debts) of someone who has passed away. The department that deals with Probate is The Probate Service and the document providing this authority is the Grant of Probate.

Grant of Representation is a general term which includes both Grants of Probate (required when a Will has been written) and Grants of Letters of Administration (required when a Will has not been written). If the deceased person lived in Scotland you apply for a 'Grant of Confirmation'.

A Grant of Representation is needed to both protect the interests of the estate and the beneficiaries. It provides assurance to those holding assets, such as banks or building societies, that they are releasing assets to someone who has the legal authority to deal with the deceased's affairs. Additionally, it confirms that the deceased's Will is valid. Although extremely unlikely, it is possible to challenge the validity of a Will after probate has been granted.

A Grant cannot be issued to any person under the age of 18.

When someone who has written a Will dies and had assets of over £5,000, the estate executors need to apply for a Grant of Probate. However, it may not be necessary to obtain the Grant in some instances, see below:

• If a home is held in joint names and is being passed to the surviving joint owner

• If there is a joint bank or building society account. Producing the death certificate may be sufficient for the monies to be transferred to the joint holder

• Some institutions may release monies if the amount held by the deceased was small. Check with an organisation to see if they can do this

You need to apply to a Probate Registry office for the Grant of Probate. There are various ways of doing this:

• You can apply personally

• Your solicitor, or, less commonly notary or barrister can do it for you - although the fee may be quite high

• Making a Will can take care of the entire Probate process for you for a low-cost, fixed fee - see our Probate Service page for more information

The list of Probate Registry offices is available at: http://www.hmcourts-service.gov.uk/infoabout/civil/probate/registries.htm

When applying for a Grant of Probate remember that, with a few exceptions, the application is based on an affidavit (a sworn oath) that states how the person applying is entitled to act in administering the deceased's estate. Also, the Grant requires that the person must meet any regulations pertaining to Inheritance Tax.

Different forms are required for Scotland and Northern Ireland as opposed to England and Wales, so be sure to fill in the correct form if you download it from the internet.

If the amount left in the deceased person's sole name is £5,000 or less (after funeral expenses and debt payments) there is no fee. If the net estate is valued at over £5,000 the fee is currently £90. Extra copies of the Grant are £1 each, if ordered at the time of application.

It is important to verify whether inheritance tax is due on the deceased's estate. This is because the personal representative(s) will not be granted probate until some or all of any due inheritance tax has been paid. If the value of the estate borderlines the IHT limit (2008/09 tax year £312,000) the estate's accounts will be sent to the capital taxes office for review.