Probate is often one of the first legal terms families come across after someone has died. It is also one of the most misunderstood. Many people assume probate is always required, while others assume it is only needed if there is a dispute or a large estate. In reality, whether probate is required depends on the assets in the estate, how those assets were owned and the requirements of the organisations holding them. In England and Wales, probate is the legal process that gives someone authority to deal with a deceased person's estate. Where the deceased left a valid will, the executors named in the will may need to apply for a Grant of Probate. Where there is no valid will, an eligible person may need to apply for Letters of Administration instead. The grant gives the executor or administrator legal authority to collect assets, close accounts, sell or transfer property, pay debts, deal with tax matters and distribute the estate to the correct beneficiaries. Not every estate needs probate. Some assets can pass automatically, and some financial institutions may release smaller balances without requiring a grant. However, probate is commonly required where the deceased owned property in their sole name, held significant savings or investments, or had assets that cannot be transferred without formal legal authority. Understanding when probate is required can help families avoid delays, protect the estate and ensure that the correct legal process is followed.
Probate is the legal authority needed to administer certain estates after someone dies. The word is often used to describe the wider estate administration process, but strictly speaking, probate refers to the court-issued document that confirms the right person has authority to act.
If there is a valid will, the executor named in that will applies for a Grant of Probate. The grant confirms that the will has been accepted for probate purposes and that the executor has authority to deal with the estate.
If there is no valid will, the estate is dealt with under the rules of intestacy. In that situation, the person applying is usually called an administrator, and the document they apply for is called Letters of Administration.
Both documents are types of Grant of Representation. They allow the personal representative to deal with assets that organisations will not release without formal legal authority.
Probate is not the same as inheritance tax, and it is not the same as writing a will. It is part of the legal process that happens after death, where the estate is identified, valued, collected and distributed.
Probate is usually required where the deceased owned assets in their sole name that cannot be accessed, sold or transferred without a grant.
The most common example is property. If the deceased owned a house, flat or land in their sole name, a Grant of Probate or Letters of Administration will usually be required before the property can be sold or transferred. The same can apply where the deceased owned a share of a property as tenants in common, because their share forms part of their estate rather than passing automatically to the surviving co-owner.
Probate may also be required where the deceased held substantial money in bank accounts, building society accounts, investments, stocks and shares, premium bonds, insurance policies not written in trust, or business assets. Each organisation has its own rules, and many will insist on seeing the grant before releasing funds or transferring ownership.
This means there is no single estate value at which probate is always required. An estate worth a modest amount may need probate because of the type of asset involved, while a higher-value estate may not need probate for certain jointly owned assets.
The practical question is not simply 'how much is the estate worth?' but 'what assets are in the estate, how were they owned and what does each asset holder require?'
A will does not remove the need for probate. This is a common misunderstanding.
A will appoints executors and sets out who should inherit the estate. However, banks, investment providers and HM Land Registry may still require a Grant of Probate before they will allow the executors to deal with certain assets.
The will gives the executors their appointment, but the Grant of Probate proves their authority to organisations holding assets. Without the grant, an executor may not be able to access bank accounts, sell property or transfer investments.
In some smaller estates, a will may be enough for certain organisations to release funds, especially if the amounts are low and the asset holder's internal threshold is not exceeded. However, this depends on the organisation and the assets involved.
Executors should therefore contact each bank, provider or institution to confirm whether they require probate. It should not be assumed that a valid will means probate is unnecessary.
If there is no valid will, probate may still be required, but the application is different.
Instead of applying for a Grant of Probate, an eligible person applies for Letters of Administration. The person appointed is called an administrator rather than an executor.
The administrator has broadly similar responsibilities to an executor. They must identify and value the estate, apply for legal authority where required, collect assets, pay debts and distribute the remaining estate.
However, because there is no will, the estate must be distributed under the rules of intestacy.
The rules of intestacy set out who inherits in a fixed legal order. A surviving spouse or civil partner may inherit all or part of the estate, depending on the family circumstances.
Where the deceased leaves a spouse or civil partner and children, the surviving spouse or civil partner receives the personal possessions, a statutory legacy of £322,000 and half of the remaining estate. The other half of the remaining estate passes to the children.
Where there is no surviving spouse or civil partner, children and other relatives may be entitled in the statutory order. Unmarried partners do not automatically inherit under the intestacy rules, regardless of how long they lived with the deceased.
Where there is no will, it is especially important to confirm who has the right to apply for Letters of Administration. Applying without proper entitlement can cause delays and disputes.
Probate is usually required where the deceased owned property in their sole name. The grant gives the executor or administrator authority to sell or transfer the property.
If the deceased owned property jointly, the position depends on how the property was owned. Property owned as joint tenants usually passes automatically to the surviving owner under the right of survivorship. In that case, probate may not be needed for that property, although it may still be needed for other assets in the estate.
Property owned as tenants in common is different. Each owner has a separate share. The deceased's share does not pass automatically to the surviving co-owner. Instead, it passes under the will or, if there is no will, under the rules of intestacy. Probate or Letters of Administration will usually be needed to deal with that share.
This distinction is important because many people do not know how their property is owned. Executors should check the title position before deciding whether probate is required.
Even where a property passes automatically, practical steps may still be needed. The Land Registry may need to be updated, insurance should be reviewed and the wider estate may still require administration.
Probate may be required to access bank accounts, but the position varies between banks and building societies.
Each financial institution sets its own threshold for releasing funds without probate. Some may release smaller balances after receiving a death certificate, identification and a completed bereavement form. Others may require a Grant of Probate or Letters of Administration before releasing funds above a certain amount.
This means one bank may release funds without probate while another may insist on a grant, even within the same estate.
Joint bank accounts are usually treated differently. In many cases, a joint account passes to the surviving account holder and can continue to be operated by them. However, the deceased's share of the account may still need to be considered for inheritance tax and estate valuation purposes.
Executors should contact each bank directly and ask what documents are required. They should also request date of death balances, as these will be needed when valuing the estate.
Probate is often required where the deceased held investments, stocks, shares or managed portfolios in their sole name.
Investment platforms, share registrars and wealth managers may need to see the grant before they will sell, transfer or release assets. This is because they need confirmation that the person giving instructions has legal authority to act for the estate.
Pensions require separate consideration. Some pension benefits may pass outside the estate at the discretion of pension trustees or scheme administrators, particularly where a valid expression of wishes or nomination form exists. Other pension-related payments may form part of the estate or require further reporting.
The treatment of pensions is becoming more important for executors and families. From April 2027, most unused pension funds and pension death benefits will be brought within the value of a deceased person's estate for inheritance tax purposes. Executors should not assume that pension funds are automatically part of the estate or automatically outside it without checking the scheme rules and obtaining appropriate information.
Life insurance policies may also require probate if they were not written in trust. Where a policy is written in trust, the proceeds may be paid directly to the trustees or nominated beneficiaries rather than forming part of the estate. Where no trust exists, the insurer may require a grant before releasing funds.
Probate may not be required where the estate is small, where assets are jointly owned, or where all asset holders are willing to release funds without a grant.
For example, probate may not be needed if the deceased only had a small bank balance, personal possessions and no property. It may also not be needed where the main assets were jointly owned and pass automatically to the surviving owner.
Assets written in trust, such as some life insurance policies, may also pass outside probate. Some pension death benefits may also be dealt with outside the estate depending on the scheme rules and the timing of the death.
However, probate should not be ruled out too quickly. An estate may appear simple at first but later reveal an account, investment, property share or policy that requires formal authority.
Executors and family members should make careful enquiries before deciding that probate is unnecessary. If probate is required but not obtained, the estate may remain partly frozen and important assets may be impossible to sell, transfer or distribute.
The best way to check whether probate is needed is to identify all assets and contact each organisation holding them.
This usually involves reviewing the deceased's paperwork, bank statements, online accounts, property documents, pension records, insurance policies, investment statements and correspondence. Executors should make a list of assets and liabilities, then ask each organisation what they need before releasing or transferring the asset.
It is also important to check how property was owned. This can be done by reviewing the title documents or obtaining title information from HM Land Registry.
The estate should then be valued. Even where probate is not required, valuation may still be needed for inheritance tax purposes, estate accounts and distribution between beneficiaries.
If the estate includes property, significant investments, lifetime gifts, trusts, foreign assets, business interests, agricultural property or potential inheritance tax, professional advice may be useful before deciding the correct route. Recent changes to agricultural property relief and business property relief mean estates containing business or farming assets should be reviewed carefully before the inheritance tax position is reported.
Before applying for probate, the executor or administrator must value the estate and consider the inheritance tax position.
This involves identifying assets, confirming date of death values, deducting liabilities and assessing whether inheritance tax is payable. The standard inheritance tax nil-rate band is £325,000, and the residence nil-rate band may also be available where a qualifying home passes to direct descendants.
Not every estate pays inheritance tax. However, the estate may still need to be reported correctly as part of the probate process. Some estates qualify as excepted estates, which means full inheritance tax details do not usually need to be sent to HMRC. More complex or taxable estates may require fuller reporting before the probate application can proceed.
Where an IHT400 is required, HMRC recommends allowing 20 working days after sending the IHT400, and after any required inheritance tax payment has been made, before applying for probate. This allows HMRC time to process the account and issue the information needed for the probate application.
Once the necessary values and tax position have been established, the application can be submitted. If there is a will, the executors apply for a Grant of Probate. If there is no will, the administrator applies for Letters of Administration.
The application may be made online or by post, depending on the circumstances. Paper applications may still be needed for some more complex cases.
The probate application fee in England and Wales is currently £526 where the estate is valued at more than £5,000. There is no application fee where the estate is valued at £5,000 or less.
Official copies of the grant can also be ordered. These currently cost £2 each when requested at the same time as the application. Copies are useful because several banks, investment providers, share registrars or property-related organisations may need to see the grant at the same time.
Additional copies ordered after the grant has been issued cost £16 each. If a second grant is needed in an estate where a grant has already been issued, the fee is £22.
The probate application fee is separate from any inheritance tax, valuation fees, legal fees, property sale costs or other estate administration expenses.
Legal fees will depend on the complexity of the estate and the level of support required. Some executors may only need help with the probate application, while others may prefer a solicitor to manage the full estate administration process.
Other costs may include property valuations, estate agent fees, conveyancing fees, insurance, statutory notices to creditors and accountant's fees. These costs are usually paid from the estate, although executors may sometimes need to pay certain expenses upfront and reclaim them later.
The time it takes to obtain probate depends on the estate, the type of application and whether the application is complete and accurate.
It is sensible to allow up to 16 weeks for the grant to be issued. Many complete online applications are issued well inside that timeframe, but paper applications, stopped applications, applications requiring further information and cases involving inheritance tax can take considerably longer.
A stopped application is one where the Probate Registry cannot progress the application without further information, clarification or documents. This can happen if the will has marks or damage, names do not match, executors have not been dealt with correctly, inheritance tax information is incomplete, or the application contains errors.
It is also important to distinguish between obtaining probate and completing estate administration. Receiving the grant gives the executor or administrator authority to deal with assets, but the estate still needs to be collected, debts and taxes paid, estate accounts prepared and beneficiaries paid.
A straightforward estate may be completed within several months. More complex estates can take a year or longer, particularly where property needs to be sold, tax matters need to be finalised, beneficiaries need to be traced or disputes arise.
If probate is required and no application is made, the estate may remain in limbo.
Banks may refuse to release funds, property may be impossible to sell or transfer, investments may remain frozen and debts may go unpaid. Beneficiaries may also be left waiting for their inheritance without any clear route to progress the estate.
This can create practical and legal problems. For example, if a property is empty, it still needs to be insured, maintained and protected. If debts are outstanding, creditors may continue to pursue payment. If inheritance tax is due, delays can create interest and penalties.
Executors and administrators have responsibilities to deal with the estate properly. Failing to apply for probate where it is needed can lead to unnecessary delays, disputes between beneficiaries and potential personal risk for the person responsible.
If there is uncertainty over whether probate is required, it is better to check early than allow the estate to drift unresolved.
The executor or administrator is responsible for managing the estate from the date of death until everything has been dealt with.
Their duties include securing assets, valuing the estate, applying for probate where required, dealing with inheritance tax and other tax matters, paying debts, communicating with beneficiaries, preparing estate accounts and distributing the estate correctly.
Executors must follow the terms of the will. Administrators must follow the rules of intestacy. Neither can distribute the estate based on personal preference or informal family agreements unless the correct legal steps are taken.
They must also keep proper records. Estate accounts should show what assets were collected, what debts and expenses were paid and how the remaining estate was distributed.
Personal representatives should avoid distributing the estate too early. If they pay beneficiaries before debts, tax or claims are resolved, they may be personally liable if further liabilities later emerge.
Once probate has been granted, the executor or administrator can use the grant to collect, sell or transfer estate assets.
For property, this may involve instructing estate agents, arranging conveyancing, paying ongoing bills, maintaining insurance and deciding whether the property should be sold or transferred to beneficiaries. If several beneficiaries are entitled to the estate, decisions around property can sometimes become sensitive.
For bank accounts and investments, the personal representative will normally send official copies of the grant to each organisation. Funds can then be released to the estate, investments can be sold or shares can be transferred depending on the will, intestacy rules and the needs of the estate.
Before assets are distributed, debts and tax must be dealt with. This may include inheritance tax, income tax, capital gains tax, funeral expenses, household bills, loans and professional fees.
The final distribution should only take place once the executor or administrator is satisfied that the estate has been properly administered and that enough money has been retained to meet any remaining liabilities.
Probate can be delayed or contested where there are concerns about the will, the person applying for the grant or the administration of the estate.
A will may be challenged if there are concerns that it was not properly signed, that the deceased lacked mental capacity, that undue influence was involved, that fraud or forgery occurred, or that a later will exists.
A dispute may also arise where beneficiaries are concerned about the executor's conduct, delays, lack of communication or possible mismanagement of estate assets.
In some cases, a caveat can be entered to prevent a grant from being issued while the dispute is investigated. This is a serious step and should only be taken where there are genuine grounds for concern.
Probate disputes can be costly and emotionally difficult. Early legal advice can help clarify whether there is a valid basis for challenging probate and what steps should be taken.
You do not always need a solicitor for probate. Some executors choose to apply themselves, particularly where the estate is simple, there is a clear will, no inheritance tax is payable and all beneficiaries are cooperative.
However, probate can become more complicated than expected. Professional advice is often useful where the estate includes property, inheritance tax, trusts, business assets, agricultural assets, overseas assets, pensions, missing beneficiaries, lifetime gifts, unclear ownership or family disputes.
A solicitor can assist with the probate application only or manage the full estate administration process. This gives executors flexibility depending on the level of support they need.
Using a solicitor can also help reduce the risk of mistakes. Executors and administrators carry personal responsibility for the estate, so guidance can be valuable where they are unsure of their duties.
Probate is required when an executor or administrator needs formal legal authority to deal with assets in a deceased person's estate. It is commonly needed where the estate includes property owned solely by the deceased, a share of property owned as tenants in common, substantial bank balances, investments, shares or other assets that institutions will not release without a grant.
Probate is not always required. Some smaller estates can be dealt with without a grant, and jointly owned assets may pass automatically to the surviving owner. However, the position depends on the type of assets, their value, how they were owned and the requirements of each bank, provider or organisation involved.
If probate is required, the estate must be valued, inheritance tax considered, the correct application made and the estate administered carefully after the grant is issued.
Because every estate is different, it is important not to rely on assumptions. Executors and administrators should check the requirements of each asset holder and take advice where there is uncertainty.
If you are dealing with an estate and are unsure whether probate is required, Premier Solicitors can help you understand the correct process and avoid unnecessary delays.
Is probate always needed when someone dies?
No, probate is not always needed. It depends on the assets in the estate and how they were owned. Probate is more likely to be required where the deceased owned property in their sole name, had substantial savings or investments, or held assets that banks or providers will not release without a grant.
If assets were jointly owned and pass automatically to the surviving owner, probate may not be needed for those assets. However, the wider estate should still be reviewed carefully.
Do you need probate if there is a will?
A will does not automatically remove the need for probate. If the deceased owned assets that require formal authority before they can be released, the executors may still need to apply for a Grant of Probate.
The will names the executors and sets out who should inherit, but the Grant of Probate proves the executors' authority to third parties such as banks, investment providers and HM Land Registry.
Do you need probate for a jointly owned house?
It depends how the property was owned. If the property was owned as joint tenants, it will usually pass automatically to the surviving owner and probate may not be needed for that property.
If the property was owned as tenants in common, the deceased's share forms part of their estate and probate or Letters of Administration will usually be needed to sell or transfer that share.
Can bank accounts be closed without probate?
Some bank accounts can be closed without probate if the balance is below the bank's internal threshold. Each bank has its own rules, so the executor or family member should contact the bank directly.
Where the balance is higher, or where the bank has concerns, a Grant of Probate or Letters of Administration may be required before funds are released.
Premier Solicitors Can Help
At Premier Solicitors, our probate and estate administration team provides clear, practical support to executors, administrators and families.
We can advise on whether probate is required, prepare and submit the application, deal with inheritance tax reporting, assist with estate accounts and guide you through the full estate administration process where needed.
Whether the estate is straightforward or more complex, our team can help ensure the correct steps are followed and the estate is administered lawfully and efficiently.
For tailored advice on probate, estate administration or inheritance tax, contact Premier Solicitors today.
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