When someone close to you dies, dealing with their estate can feel overwhelming. One of the most common questions we are asked is: “Do I need probate?”
Each estate is unique and the answer depends on the size of the estate, the type of assets involved, and how those assets were owned.
What Is a Grant of Probate and What Does It Allow You to Do?
Executors receive their legal authority to act by being named in the Will however, in many cases, they will also be required to obtain a grant of probate. This is a legal document issued by the court confirming who has the authority to:
- – Collect in the deceased’s assets
- – Pay debts and liabilities
- – Distribute the estate to beneficiaries
Without this authority, banks and financial institutions will often refuse to release funds.
When Is a Grant of Probate Required in the UK?
A grant of probate is typically required where:
1. The Deceased Owned Property in Their Sole Name
If the deceased owned a house or other property solely in their name, a grant of probate will almost always be needed to sell or transfer it.
If property was owned as “tenants in common”, a grant probate is also required for the deceased’s share.
2. The Estate Is Over Financial Thresholds
Most banks and financial institutions have limits on how much they will release without a grant of probate. These thresholds vary between providers but commonly range between £5,000 and £50,000.
If the deceased held significant funds in sole accounts, a grant of probate is usually required.
3. Investments or Shares Were Held in Sole Name
Shareholdings, investment portfolios, or premium bonds held solely in the deceased’s name will normally require a grant before they can be sold or transferred.
4. There Are Complex Assets or Disputes
Obtaining a grant of probate is advisable where:
- – The estate includes multiple or complex assets
- – There are questions about the validity of a Will
- – Beneficiaries are disputing the estate
- – There are significant debts
In these circumstances, obtaining a grant of probate provides legal protection for the executors or administrators.
When Is Probate Not Required? Common Exceptions
Not every estate requires a grant of probate. Common situations where it may not be necessary include:
1. Assets Held Jointly
If assets (including property or bank accounts) were held as joint tenants, they usually pass automatically to the surviving owner by the “right of survivorship”.
In these cases, a grant probate is not required for those assets as they pass outside of the Will.
2. Small Estates
If the total value of the estate is below the relevant thresholds for financial institutions, they may release funds without a grant of probate.
Each organisation has its own policy, so it is important to check with them directly.
3. No Property and Minimal Assets
If the deceased did not own property and held only small amounts of money in sole accounts, a grant of probate may not be required.
4. Assets with Named Beneficiaries
Some assets pass outside of the estate entirely, such as:
- – Life insurance policies written in trust
- – Pension death benefits with nominated beneficiaries
These are usually paid directly to the named individual without a grant of probate.
How to Find Out If A Grant of Probate Is Needed
Determining whether a grant of probate is required involves:
- Identifying all assets and liabilities
- Establishing how each asset was owned
- Confirming asset values
- Checking financial institutions’ requirements
Because every estate is different, it is often sensible to seek professional advice before taking steps that could expose you to personal liability.
Need Advice on Whether Probate Is Required? Speak to Fiona Bruce
If you are unsure whether a grant of probate is needed, seeking early advice can save time, reduce stress, and ensure the estate is handled correctly.
The team at Fiona Bruce can guide you through the process, help assess the specific circumstances of the estate, and advise on the most appropriate next steps. Every situation is different, and we are here to provide clear, practical support tailored to you.
Contact Fiona Bruce today to discuss your situation and find out how we can help.
The contents of this post do not constitute legal advice and are provided for general information purposes only ■
