People tend to only need to search for the phrase “When you don’t need probate” at a difficult time, when they have lost a loved one, and are trying to unlock bank accounts, deal with a home, or simply work out what happens next.
Contrary to what many people believe, probate is not required for every estate. Here, our expert wills and probate team provides a general overview of the probate process and describes when you don’t need probate.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
What Is Probate?
In plain terms, probate is the legal authority that allows the right person to deal with a deceased person’s estate, meaning their money, property and possessions. Even where there is a valid Will and named executors, you may still need a Grant of Probate to collect in certain assets, sell property, settle liabilities and distribute funds. We can help you confirm whether a Grant is needed and, if it is, deal with the application only or take on the full estate administration and distribution, depending on what you want us to do.
When You Don’t Need Probate
The most common reason probate is not needed is that the deceased person’s assets do not form part of the estate for probate purposes because they pass automatically to someone else.
Another common reason is that a financial institution holding the asset is willing to release it without a Grant because the amount held is below its internal threshold. That threshold can vary wildly between institutions.
Examples of the types of situations which can mean you don’t need probate include when the estate is comprised solely of some or all of the following:
• Jointly Owned Property Held As Joint Tenants
Where a home is owned as joint tenants, the right of survivorship means the property passes automatically to the surviving owner, and probate is not needed to transfer that asset.
• Joint Bank Or Building Society Accounts
Accounts held jointly commonly pass to the surviving account holder by survivorship, so the bank may not require a Grant for that account.
A property can be owned jointly as either joint tenants or tenants in common, and only joint tenancy brings the right of survivorship that usually avoids probate for the property itself. If a property is owned as tenants in common, the deceased owned a distinct share, that share passes under the Will or intestacy rules, and a Grant is commonly needed to deal with it.
We can help you check how the property is held and explain what that means for Land Registry steps, the beneficiaries, and the likely need for a Grant.
• Life Insurance Written In Trust
Where a life insurance policy is written in trust, the proceeds are typically paid to the trust beneficiaries outside the estate, which can bypass probate.
• Certain Pension Death Benefits
Where the pension provider has a nominated beneficiary and exercises discretion under the scheme rules, the benefit is often paid outside the estate and can avoid probate.
• Smaller Sums Held With Institutions
Some asset-holders will release money without a Grant for smaller values. Organisations set their own risk-based thresholds and may require probate even for modest sums.
We can help you map the estate by asset type and ownership so you can focus on what genuinely needs a Grant, rather than preparing a full probate application unnecessarily.
Do You Need To Do Anything If You Don’t Need Probate?
Not needing probate does not mean that there is nothing to administer. Personal representatives still need to identify what the deceased owned and owed, ensure liabilities are dealt with, and keep clear records so the right people receive the right entitlements. We can help you handle the practicalities and reduce the risk of errors, including where you want support with only part of the process rather than full instruction.
It is also important to remember that institutions decide whether they will accept a death certificate and indemnity, or insist on a Grant, and their approach can change depending on the value, the number of beneficiaries, and perceived risk. We can help you approach banks, investment platforms and insurers with the right documents and the right wording, to avoid delays and multiple back-and-forth requests.
How We Can Help
If you need advice on whether an estate with which you are dealing needs probate, our specialist wills and probate solicitors are on hand to help. We offer high-quality legal advice with a personal touch, and always ensure that our legal costs are fair and proportionate to the matter at hand.
To speak to our experts please call us free of charge on 0800 988 3674 or Make A Free Online Enquiry.
