When someone dies, many people assume that their 'next of kin' will sort out their affairs (called 'administering the estate'), but this is often not the case. Where someone has left a Will and appointed executors, they will be responsible for carrying out the deceased's wishes. In other circumstances (for example if you die without making a Will) the law will determine who has the authority to act and they are called “administrators”.

Executors have the power to deal with the deceased's assets from the date of death. However, it's not until they receive what is called a 'grant of representation' in England and Wales or a 'confirmation' in Scotland, that they can prove their authority to those institutions and authorities that hold assets in the deceased's name.

In England and Wales, grants of representation are issued by the High Court through Probate Registries. There are three types of grant of representation:

1. A 'grant of probate' is issued if executors appointed under a Will are administering the estate.

2. If the deceased left a valid Will but did not appoint executors or they are unable or unwilling to act, then a 'grant of letters of administration with Will annexed' is issued. 

3. If there is no Will, the Probate Registry will issue a 'grant of letters of administration'.

In practice, the documents are all used in the same way and the phrases 'grant' and 'grant of probate' are often used collectively to refer to all three types of grant. 
 
Caution: if it looks as though the deceased's estate is insolvent, i.e. the debts of the deceased and other liabilities of the estate, including funeral expenses, will exceed the value of the assets in the estate, executors should think carefully before applying for the grant of representation/confirmation. If the estate may be insolvent, it is prudent to seek the advice of a solicitor before taking any further steps.

Law stated as at 1st February 2006