What is a standing search?
A Standing Search entitles you to a copy of a Grant of Representation (a Grant of Probate where there is a Will or a Grant of Letters of Administration if death occurred without a valid Will). Such documents are of public record once issued
A Standing Search has two functions depending on whether a grant of representation has been issued.
- The Search application remains in force for six months. A continuous Search is made for a period of six months from the date the Standing Search is entered (i.e. the date the Search commenced.) The Standing Search can also be renewed just prior to the six months expiry date. If a Grant of Representation is issued within that period, the applicant (i.e. the person entering the Search) will automatically be sent a copy of the Grant in the post by the Probate Registry.
- A Search is also made of Grants of Representation which were issued in the twelve months before the Standing Search was entered. If a Grant was issued during this period then the applicant will be sent a copy of this through the post. Grants issued more than twelve months prior to the Search application are not for although you can instead apply for grant issued more than 12 months ago from the central probate register. A standing search only applies to applications made in England and Wales only, Scotland has its own jurisdiction.
A Standing Search is useful if you believe a Grant will be issued in the next six months, the date of death is recent and you need to know that a Grant has been issued, for example, if you intend to make a claim against an Estate. The application for a Standing Search is made to a Probate Registry and will need to include the full name of the deceased together with any alias names that the deceased was known by, the last permanent address, the date of birth, and the date of death or a range of dates if the exact date is not known.
The search is made by checking the details provided by the applicant against the Probate Registry records. It is important that all information given is correct because if it isn’t then the Search is unlikely to be successful.