When is probate required?
Probate is generally required when the person who died owned assets in their sole name that cannot be accessed, transferred or sold without formal legal authority.
A Grant of Probate confirms that the executor named in a valid will has the authority to administer the estate. Where there is no will, an eligible person will normally need to apply for Letters of Administration instead.
There is no single financial value at which probate is automatically required in every case. Banks and other financial organisations have their own rules about when they will ask for a grant before releasing assets. GOV.UK therefore recommends contacting the organisations used by the person who died to establish their individual requirements.
Is probate required if someone owned a property?
Probate will commonly be required where the deceased person owned a house, flat or other property in their sole name, particularly if the property needs to be sold or transferred as part of the estate.
The position can be different where property was jointly owned.
If a property was owned as joint tenants, the deceased person's interest will normally pass automatically to the surviving joint owner rather than being transferred under the will.
How the property was owned is therefore an important consideration when establishing whether probate is necessary.
If an estate includes property and you are unsure how ownership affects the probate process, our Probate and Estate Administration team can advise you on the next steps.
Is probate required for bank accounts?
It depends on the bank, the value of the money held and whether the account was held solely or jointly.
For accounts held in the deceased person's sole name, the bank may require a Grant of Probate before releasing the funds.
However, each financial organisation sets its own rules and limits. One bank may release an account without probate while another may require a grant for an estate of a similar value.
Joint bank accounts will often pass to the surviving account holder without probate, although the circumstances of the ownership should still be checked.
The simplest approach is to contact each bank, building society or investment provider individually and ask what documentation they require.
Is probate required for a small estate?
Not necessarily.
A smaller estate may be dealt with without probate where, for example, it contains only savings or the financial organisations involved are prepared to release the funds without a grant.
There is no universal definition of a "small estate" for this purpose because providers can set their own limits.
This means it is important not to assume probate will or will not be required based solely on the overall value of the estate.
Is probate required for jointly owned assets?
Certain jointly owned assets can pass automatically to the surviving owner.
Probate may not be needed where the deceased owned money or shares jointly with someone else, or where land or property was owned as joint tenants, as these assets can pass to the surviving owners.
However, joint ownership can take different forms, particularly with property, so it is important to establish exactly how an asset was held.
The value of jointly owned assets may also still need to be considered for tax purposes even where probate is not required to transfer that particular asset.
Do you need probate if there is a will?
Having a valid will does not automatically mean probate is required, nor does it mean probate can be avoided.
A will confirms who should administer the estate and how the deceased person wanted their assets distributed. Whether a Grant of Probate is actually required depends on the assets within the estate and the requirements of the organisations holding them.
Where probate is necessary and there is a valid will, the executors named in the will are normally the people entitled to apply.
If you are considering putting your own affairs in order, our Wills solicitors can help you prepare or update your will.
How do I know if I need probate?
A useful starting point is to make a list of everything the person owned and establish how each asset was held.
You can then contact the relevant organisations, including:
- Banks and building societies
- Mortgage providers
- Investment companies
- Share registrars
- Pension providers
- HM Land Registry where property is involved
Ask each organisation whether they require a Grant of Probate or other grant of representation before they will release or transfer the asset.
If the estate contains several assets, property or more complicated financial arrangements, getting legal advice can help you establish what is required before beginning the application process.
What happens if probate is required?
If probate is needed, the estate will normally need to be valued before an application can be made. Any relevant Inheritance Tax requirements must also be dealt with.
The executor can then apply for the Grant of Probate, either personally or with the help of a probate practitioner such as a solicitor.
Once the grant has been issued, it can be used to demonstrate the executor's authority to organisations holding assets belonging to the estate.
If you are new to the process, our guide to what probate is and how it works provides a broader overview of probate and estate administration.
How can I check if probate has already been granted?
If you are dealing with an existing estate rather than making an application yourself, probate records in England and Wales can be searched online to establish whether a grant has already been issued.
Unsure whether probate is required?
It is not always immediately obvious whether an estate needs probate, particularly where there is a mixture of property, savings, investments and jointly owned assets.
At John Fowlers Solicitors, our experienced Probate and Estate Administration team can review the circumstances of the estate, help establish whether probate is necessary and guide you through what needs to happen next.
We can assist with a particular stage of the process or, if required, deal with the wider administration of the estate on your behalf.