Do I need probate?

Do I need to apply for probate?

Losing a loved one is never an easy time, so knowing what steps you may need to take can help you not feel so overwhelmed in what is a stressful and upsetting time.

After a friend or family member dies, it’s important you’re equipped with the legal power you need to manage their wishes regarding their property and assets, known as their “estate”.

Probate is the legal right to deal with someone’s property, money and possessions when they die. A grant of probate is the legal document giving the executor of a will, the person legally responsible for carrying out the instructions in a person's will, the authority to administer the estate (money, possessions, and property) of the deceased person. You may have to apply for a grant of probate if you are the named executor in someone's will.

A grant of probate is only applicable if the deceased left a valid will naming their chosen executor or executors. If they did not leave a will, or if the will they left is found to be invalid, the deceased will be said to have died intestate, and the rules of intestacy will then apply. These rules will determine who should have the legal right to administer the deceased’s estate, and they will need to apply for a grant of letters of administration instead.

How do I know if probate is required?

Probate is the legal right to deal with someone's estate when they die. Without it, you may not be able to divide assets or possessions amongst loved ones. It is the permission you need to administer someone’s will. It allows access to bank accounts, to settle any debts and to sell assets.

When a grant can be applied for depends on the complexity of the estate and how long it takes to gather all the information needed to make the application. After making an application, it can take up to 16 weeks (about 3 and a half months) to be granted.

However, a grant of probate is not always needed to deal with the estate of someone who has died, particularly if the assets in an estate do not meet the probate threshold.

This refers to how much money a bank can release without a grant of probate. As there is no legal basis for this threshold, it can range anywhere from £5,000 and £50,000 and is at the bank’s discretion, in line with their company policies. Because of this, there is no concrete figure to determine whether you need a grant of probate after valuing an estate.

If there is a will, do I need probate?

Yes, you could still need to apply for probate even if your loved one left a will. Simply being named as the executor to a will is often not enough to give you the legal authority you need to access and manage the deceased’s estate – which is why you could need a grant of probate.

The question of whether probate is needed is determined by the total value of your loved one’s estate (usually anything over £5,000, though this will be with the bank’s discretion) or if they owned property solely in their name.

Where no will had been left, a similar process to probate will need to be undertaken, usually by the deceased’s next of kin. This process is known as Letters of Administration and, like probate where there is a valid will, gives a person the legal authority to manage the deceased’s estate.

Do I need probate? The most commonly asked questions, answered:

Do I need probate to deal with financial assets?

In most cases, you will need probate to deal with your loved one’s financial assets, as mentioned above, the threshold at which this becomes necessary is at the discretion of the bank in which the asset is held.

For example, a common threshold set by banks is £5,000. This means that for any assets under this value, including savings accounts, current accounts or investments, probate would not be needed for the executor of the will to access. Anything above this would need a formal grant of probate document to evidence the legal authority of the executor.

Some financial institutions, however, can set this threshold at a higher value. This could be anywhere up to the value of £50,000, so you will need to confirm with institutions holding your loved one’s assets.

Do I need probate to deal with property?

Yes. If property is held in the sole name of the deceased, probate will be required for you to manage the property. You can do certain tasks without probate, such as listing property for sale, however contracts cannot be exchanged until you have a grant of probate.

How does probate work for joint assets?

In general, probate is not required for any joint assets held by the deceased at the time of their passing. This is because jointly owned assets will pass to the surviving owner(s) by right of survivorship.

For example, if the deceased jointly owned a home with their spouse, their spouse would take full and sole ownership of the house after the deceased had passed. The same can be said for jointly held financial assets, such as savings and investments.

For this to happen, however, the surviving owner(s) of any assets would usually need to provide a death certificate to the relevant body, such as the bank or land registry, to formally transfer the asset into their name.

Will I need probate if my spouse or civil partner dies?

This will depend upon how your partner’s assets were held. If any high value assets were owned jointly between you and your partner (particularly property or anything above the value of £5,000), probate will usually not be necessary as providing relevant bodies with a death certificate is sufficient to transfer these assets into your name.

If your partner did hold any solely owned high value assets, it is likely you will need a grant of probate to access, manage or transfer ownership of these assets.

We are here to help you through the probate process

We understand the sensitivity your case requires and are proud to offer a wide range of services and support. For frequently asked questions about wills and probate, visit our FAQs page.

Our expert probate solicitors offer straightforward and practical advice with sensitivity and care, tailored to your individual needs. To get help today, contact us here or call us on 0330 041 5869.