The question ‘When is probate required? comes up in nearly every conversation we have with families dealing with a bereavement. The answer is more nuanced than many expect. Whether probate is needed depends on the type of assets left behind, how those assets were held, and the value of the estate. Getting clarity on this early prevents unnecessary delays and, in some cases, avoids the cost and time of a full probate application altogether.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Probate Means
Probate is the process by which a deceased person’s estate is legally administered. Where the person left a valid will, the executor named in it must apply to the Probate Registry for a Grant of Probate. This document is a formal court order confirming that the executor has the legal authority to collect assets, pay debts, and distribute what remains to the beneficiaries named in the will.
Where a person dies without a will, the estate passes under the intestacy rules. In this case, the appropriate person applies for Letters of Administration rather than a Grant of Probate, though the practical effect is the same. Without one of these documents, many financial institutions and the Land Registry may refuse to deal with you.
We can help executors and administrators understand their duties and guide them through the probate application from start to finish.
Property
Probate is always required when the deceased person owned property in their sole name. Whether it is a family home, a buy-to-let investment, or a piece of land, the Land Registry requires a Grant of Probate or Letters of Administration before it will register any change of ownership. There are no exceptions based on property value alone.
The rules are different where property is jointly owned. If the co-owners held the property as joint tenants, the survivor inherits automatically through what is known as the right of survivorship. No Grant is required; the Land Registry simply needs a copy of the death certificate to update the register. The position is quite different where the property was held as tenants in common. Each owner held a separate, defined share, and that share passes through the deceased’s estate, meaning probate will be required to deal with it.
We can check the Land Registry title and advise you on whether probate is needed before you proceed with any sale or transfer.
Bank Accounts And Investments
There is no single rule that governs when banks require probate. Each financial institution sets its own threshold, and those thresholds vary considerably across providers. Some will only release funds without a grant where the balance falls below £5,000, while others will do so on estates up to £50,000. For accounts exceeding those limits, institutions will almost always insist on seeing a Grant of Probate or Letters of Administration before releasing anything.
The same principles apply to investment accounts, ISAs, and shareholdings held in the deceased’s sole name. Jointly held accounts generally pass to the surviving account holder on production of the death certificate, with no Grant required. Each provider operates different policies, so it is important to contact each institution individually to confirm their specific requirements.
We can liaise with banks and financial institutions on your behalf, establishing exactly what each one requires and managing those conversations, so you do not have to.
Assets That Fall Outside Probate
Not all assets form part of the estate for probate purposes. Pensions are a notable example. Death benefits are paid at the discretion of the pension scheme trustees, usually in line with a nomination of beneficiary form completed by the deceased during their lifetime. The Grant of Probate is not required for those funds to be released.
Life insurance policies can also sit outside the estate where they are written in trust. In that case, the payout passes directly to the named beneficiaries without going through the probate process at all. Where a policy is not held in trust, however, the proceeds fall into the estate and probate may be required before those funds can be dealt with.
Assets held in a formal trust structure are treated separately again. They belong to the trust rather than the deceased as an individual, and the Grant of Probate has no bearing on them.
We can advise on how specific assets in an estate will be treated and whether they need to go through probate or can be dealt with more directly.
How We Can Help
Bartlett’s has been helping families across Liverpool, Chester, Wrexham, and around the UK with wills, probate, and estate administration for over 160 years. Our solicitors take a professional yet compassionate approach and will always explain your position in plain language. If you need to establish whether probate applies to your circumstances or want support managing an estate from start to finish, our expert team is ready and waiting to help.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
