April 2005 

54.42 Introduction

When dealing with a deceased debtor, it is crucial that the official receiver knows who is acting as the deceased debtor's personal representative, and particularly who has had the ability to deal with the deceased debtor's estate. If the official receiver is unable to locate the personal representative (i.e. by a search of the court file to determine on whom the petition was served) the official receiver should make a request for a search to be carried out to establish whether a grant of representation has been issued.

A grant of representation is a document issued by the Court which enables the person named in it to deal with the estate of the deceased. There are three types:

• Probate: granted to executors named in a will made by the deceased debtor prior to death.

• Letter of administration (with will): granted to someone other than the executor when the deceased left a valid will.

• Letter of administration: granted when the deceased did not leave a will.

54.43 Estates where a grant of representation is not necessary

A grant of representation may not be necessary in every case. Organisations holding the deceased debtor's money may release it to the next of kin without seeing a grant, although they may require the next of kin to sign a statutory declaration before a solicitor. If the estate is small some organisations such as insurance companies and building societies may release the money at their discretion. If the whole of the estate is held in joint names it passes automatically to the surviving joint owner. However, a grant of representation will always be required to sell or transfer a property held in the deceased debtor's sole name.

The official receiver should therefore be aware that if a deceased debtor's estate is small, it is possible that there will be no grant of representation, and the official receiver will not be able to trace the personal representative in this way.

54.44 Register of grants of representation

A register of all grants of representation issued throughout England and Wales is kept in the Probate Calendar. There is a calendar for every year from 1858 up to date. Every entry includes the following details;

• full name of the deceased and last address,

• date of death,

• type of grant issued,

• the Registry at which the grant was issued and the date of issue,

• the gross value of the estate.

54.45 Carrying out a search

In order to carry out a search to establish whether a grant of representation has been issued, the official receiver should complete the application form which can be obtained at www.courtservice.gov.uk under "forms and guidance", "wills and probate", "probate search form PA1s" and send it to

The Postal Searches & Copies Department

York Probate Sub-Registry

Castle Chambers

Clifford Street

York

YO1 9RG

A fee of £5 is payable for a search to be carried out , which covers the four year period from the date of death. There is an additional fee of £3 for each subsequent four year period searched. If a grant is traced, the fee includes a copy of the grant, and a copy of the will if there is one. Cheques should be made payable to "HM Paymaster General".

A grant cannot be located without at least the correct full name of the deceased debtor, and the year from which the search is to begin. The Probate Service aims to supply copies of documents within 21 working days of receipt of an application.

[Back to Part 2 - Debtor dying after the bankruptcy petition is presented]