Probate Guide

Do I need probate if there is a will?

Having a will does not automatically mean probate is needed. Whether you need probate depends on what assets the deceased owned and how they were held. This guide explains exactly when probate is and is not required.

The short answer

Having a will does not determine whether probate is needed. What matters is the nature and value of the assets in the estate. Probate (formally, a grant of probate) gives the executor named in the will the legal authority to collect the deceased's assets, pay any debts and taxes, and distribute the estate to the beneficiaries.

In general, you will need probate if the deceased owned property in their sole name, had savings or investments above the institution's small estate threshold, or owned shares. You may not need probate if all assets were jointly owned, below the relevant thresholds, or held in trust.

Key point

A will tells you who gets what. Probate gives the executor the legal authority to make it happen. They serve different purposes, and having one does not automatically require the other.

When probate IS needed

Probate is typically required in the following situations:

The deceased owned property in their sole name

If the deceased was the sole owner of a property (or owned it as tenants in common with someone else), the grant of probate is needed to transfer or sell the property. This is the most common reason probate is required.

Bank accounts and savings above the threshold

Most banks have a threshold (typically 5,000 to 50,000 pounds, varying by institution) above which they will not release funds without a grant of probate. If the deceased had significant savings in their sole name, probate will be needed.

Stocks, shares, and investments

Share registrars and investment platforms almost always require a grant of probate before they will transfer or sell holdings, regardless of the value.

The estate has debts or liabilities

Where the estate has significant debts, creditors may require the executor to obtain probate to demonstrate they have the legal authority to administer the estate and settle the debts properly.

Inheritance tax is due

If the estate exceeds the inheritance tax threshold, the probate application is closely linked to the IHT process. The executor must submit the inheritance tax forms to HMRC before or alongside the probate application.

When probate is NOT needed

There are several situations where probate may not be required, even when the deceased left a will:

Jointly owned property (joint tenants)

If the property was held as joint tenants, it automatically passes to the surviving owner through the right of survivorship. The Land Registry simply needs a copy of the death certificate to remove the deceased's name from the title. This is different from tenants in common, where the deceased's share forms part of their estate and probate is needed.

Small estates

If the total value of the estate falls below the thresholds set by the banks and institutions holding the assets, they may release funds without requiring probate. Each institution sets its own threshold, so it is worth checking with each one.

Joint bank accounts

Joint bank accounts pass to the surviving account holder automatically. The bank will update the account upon seeing the death certificate. No probate is needed for this.

Assets held in trust

Assets that were placed in a trust during the deceased's lifetime are not part of their estate for probate purposes. The trustees manage these assets according to the trust deed, independently of the probate process.

Life insurance policies written in trust

If a life insurance policy was written in trust, the payout goes directly to the named beneficiaries. It does not form part of the estate and probate is not needed to access it.

Pension death benefits

Most pension schemes pay death benefits directly to named beneficiaries or at the discretion of the scheme trustees, outside of the estate. Probate is not required to access pension death benefits.

Grant of probate vs letters of administration

When there is a valid will, the executor applies for a grant of probate. When there is no will (or no valid will), the next of kin applies for letters of administration. Both grants serve the same practical purpose: they give the named person the legal authority to deal with the estate.

The main difference is who can apply. With a will, the executor named in the will applies. Without a will, the right to apply follows a hierarchy set out in the intestacy rules: surviving spouse or civil partner first, then children, then parents, then siblings, and so on.

Whether you need a grant of probate or letters of administration, the process for selling the deceased's property is essentially the same. You will need the grant in hand before you can legally complete the sale of any property held in the deceased's sole name.

Selling an inherited property during probate

If you need to sell a property that requires probate, you do not have to wait for the grant before taking action. You can begin marketing the property, accepting offers, and even exchanging contracts before probate is granted. The legal completion of the sale is the only step that must wait.

This is where a cash buyer like HouseBought4Cash can be particularly helpful. We understand the probate process and are happy to exchange contracts early, then wait for the grant before completing. This means that once probate comes through, you can complete the sale within days rather than starting the process from scratch.

We buy inherited and probate properties in any condition, with no chain, no fees, and no obligation. If you are unsure whether probate is needed in your situation, our team can help point you in the right direction.

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Frequently asked questions about probate and wills

Common questions about whether probate is needed when there is a will.

If your mother left a will and owned property in her sole name, or had significant savings and investments, then yes - probate will almost certainly be required. The will names the executor(s) who must apply for a grant of probate to have the legal authority to deal with the estate. However, if all her assets were jointly owned (such as a house in joint tenancy with your father), probate may not be needed as these assets pass automatically to the surviving owner.

It depends on the value of the estate and the policies of the institutions holding the assets. Most banks and building societies have a threshold (typically between 5,000 and 50,000 pounds) below which they will release funds without requiring probate. If the total estate is below these thresholds and there is no property held in the deceased's sole name, probate may not be needed even where there is a will.

Yes, if the property was owned solely by the deceased, you will need the grant of probate (or letters of administration if there is no will) before you can legally complete the sale. You can market the property and accept offers before the grant is issued, but completion cannot happen without it. If the property was held as joint tenants, it passes automatically to the surviving owner and probate is not needed to deal with that specific asset.

There is no legal requirement to apply for probate within a specific timeframe, and there is no penalty for not applying. However, without probate, you will not be able to access the deceased's bank accounts (above the institution's small estate threshold), sell their property, or distribute the estate to beneficiaries. The estate will effectively remain frozen until probate is obtained.

When there is a valid will and the estate is straightforward, the probate application itself typically takes 8 to 12 weeks to process. However, the full estate administration - including gathering assets, paying debts and taxes, and distributing to beneficiaries - can take 6 to 12 months or longer for complex estates. Delays can occur if there are disputes, inheritance tax to pay, or issues with the will.

Not all wills require probate. If the deceased's assets are all jointly owned (passing automatically to the survivor), below the institution thresholds for small estates, or held in trust, probate may not be needed. The will is still a valid legal document that expresses the deceased's wishes, but the grant of probate - which is the court's confirmation of the executor's authority - may not be required to administer the estate.

An executor named in a will has legal authority from the date of death, even before the grant of probate is issued. However, in practice, most institutions will not release assets without seeing the grant. An executor can take steps to secure the property, arrange the funeral, and begin the probate application without waiting for the grant. They cannot complete a property sale or distribute significant assets without it.

No. Joint bank accounts pass automatically to the surviving account holder by the principle of survivorship. The bank will usually only need to see the death certificate to transfer the account into the survivor's sole name. This is the case regardless of whether or not the deceased left a will.