Is Probate Required if There Is a Will? A Guide for Executors
- RJM Solicitors
- May 6
- 2 min read
Probate is the legal process of administering a deceased person's estate. It includes gathering assets, settling debts, and distributing the estate to beneficiaries according to the terms of the will. If the deceased left a valid will, the executor named in the will must apply for a Grant of Probate. This legal document confirms their authority to manage and distribute the estate.
Do You Need Probate if There Is a Will?
In many cases, probate is still required even if there is a will. Whether you need to apply for probate depends on the type and value of the assets left behind. Here are common scenarios where probate may or may not be necessary in the UK:
When Is Probate Required in the UK?
Solely Owned Property:
If the deceased owned a house or property in their sole name, probate is usually required to transfer ownership or sell the property.
If the property was jointly owned, it may pass automatically to the surviving co-owner under the right of survivorship, potentially avoiding probate.
Bank Accounts and Financial Assets
Most banks and building societies have limits—typically between £5,000 and £50,000—above which they require probate to release funds.
Below these thresholds, funds may be released with a death certificate and proof of identity.
Investments and Shares
Stocks, shares, investment portfolios, and ISAs often require probate if the total value exceeds the financial institution’s limit.
Pensions and Life Insurance Policies
If there are nominated beneficiaries, payouts may be made directly and excluded from probate.
If the policy is written in trust, probate is generally not required.
If the payout forms part of the estate, probate may be necessary.
When Is Probate Not Required?
Probate may not be needed if:
The estate’s total value is below the banks’ or financial institutions’ thresholds.
All assets are jointly owned and pass directly to the surviving joint owner.
There are no property holdings or significant financial assets requiring legal transfer.
What Happens If You Don’t Apply for Probate?
Failing to obtain probate when it is required can lead to serious issues:
Banks and financial institutions may refuse to release funds or property deeds.
You may face delays in estate administration.
Beneficiaries may not receive their inheritance in a timely manner.
You may be personally liable for mistakes as an executor if the estate isn’t handled correctly.
Is Probate Required If There Is a Will
Even if a will is in place, probate is often necessary to administer an estate. Whether probate is required depends largely on the size and complexity of the estate. Executors should assess the assets involved and consult with financial institutions to determine their requirements.
Navigating probate can be complex, but legal advice can simplify the process and ensure compliance with UK inheritance laws. If you need guidance or want to hear more about our fixed-fee service (we do not charge based on a percentage of the estate), our experienced probate solicitors are here to help.
Contact us today for a consultation on 01685 373721. Our team is ready to provide clear and practical support tailored to your needs.
