When a loved one passes away, dealing with their financial affairs is a necessary but often complex process. One of the most important steps in managing a deceased person’s estate is determining whether probate is needed. For many, the word “probate” is unfamiliar or misunderstood. However, it is a central part of estate administration in England and Wales.
At Blackstone Solicitors, we support clients through every stage of probate, ensuring the process is handled with care, efficiency, and legal precision. In this article, we explain what probate is, when you need to apply for it, and how the process works in practice.
Please click here to find out more about our Wills, Probate and Lasting Power of Attorney Services.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of dealing with probate, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is Probate?
Probate is the legal process of administering the estate of someone who has died. This includes identifying and gathering the deceased’s assets, paying any debts or taxes, and distributing what remains to beneficiaries.
If the deceased left a Will, the person(s) named as executor(s) will usually apply for a Grant of Probate, which gives them the legal authority to carry out these tasks.
If there is no Will, the process is slightly different. A close family member will usually apply for Letters of Administration, and the estate will be distributed according to the rules of intestacy.
When Is Probate Required?
Probate is not always necessary, but in many cases, it is required in order to deal with certain assets—particularly when they are held in the deceased’s sole name. The need for probate depends on:
- The type and value of the assets.
- How the assets were owned.
- The requirements of financial institutions involved.
- Whether or not there is a valid Will.
Let’s explore some of these factors in more detail.
- Sole Ownership of Assets
If the deceased owned property, savings, or investments in their sole name, probate is usually required to access or transfer these assets.
For example:
- A house owned solely by the deceased cannot usually be sold or transferred without a Grant of Probate.
- A bank may require probate if the balance of the account exceeds a certain threshold (which varies between banks).
In these situations, the executor or administrator must obtain legal authority before they can close accounts, sell property, or distribute funds.
- Jointly Owned Assets
Probate may not be necessary if most or all assets were owned jointly with another person.
- Joint bank accounts often pass automatically to the surviving co-owner.
- Property held as joint tenants passes automatically to the surviving joint owner, outside of the Will.
However, if the property is owned as tenants in common, the deceased’s share forms part of the estate and probate is likely to be required.
Understanding the type of joint ownership is essential and may require reviewing title deeds or bank documentation.
- Thresholds Set by Financial Institutions
Each bank or financial institution sets its own threshold for when it requires probate. While there is no standard limit in law, most institutions will release funds without probate if the amount is relatively small.
As a general guide:
- Amounts under £5,000–£50,000 may be released without probate, depending on the institution.
- Some organisations may accept an indemnity or alternative evidence in place of probate for lower-value accounts.
It is important to contact each institution holding the deceased’s assets to confirm their specific requirements.
- Presence of a Will
If the deceased left a valid Will, probate is often needed to confirm the executor’s legal authority. The executor must apply for a Grant of Probate.
If there is no Will, probate takes the form of an application for Letters of Administration, which is made by the next of kin. In either case, the process gives legal authority to manage the estate.
Without this formal authority, banks and other asset holders are generally unwilling to release or transfer funds.
When Probate Might Not Be Needed
There are situations where probate is not required:
- The estate is small and consists mainly of jointly held assets.
- The only assets are low-value personal items or jointly owned bank accounts.
- There is no property in the deceased’s sole name.
- The deceased held only pension or life insurance policies that nominate a beneficiary directly.
In such cases, executors or family members may be able to deal with the estate informally, though this depends on the cooperation of banks and other institutions.
What Happens If You Delay Applying for Probate?
There is no official time limit for applying for probate, but delays can cause practical and legal issues, such as:
- Bills and debts going unpaid.
- Assets losing value (e.g. vacant properties).
- Beneficiaries being left in uncertainty.
- Difficulties in completing the estate’s tax obligations.
It is generally advisable to apply for probate within six to twelve months of the date of death. If inheritance tax is due, payment must begin by the end of the sixth month after death to avoid interest charges.
How to Apply for Probate
The probate process typically involves the following steps:
- Check for a Will
Confirm whether there is a Will and who is named as executor. If no Will is found, the estate is dealt with under intestacy rules.
- Value the Estate
This includes:
- Listing all assets and liabilities.
- Obtaining property valuations.
- Contacting financial institutions for balances.
This information is needed for inheritance tax purposes and the probate application.
- Report to HMRC
If inheritance tax is due, a return must be submitted to HMRC. Even if no tax is payable, a declaration is still usually required.
- Apply for Probate
The executor applies online or by post for a Grant of Probate (or Letters of Administration). Supporting documents include:
- Death certificate.
- Original Will and codicils (if any).
- IHT forms.
- Wait for Grant to Be Issued
Once approved, the Probate Registry will issue the Grant. This usually takes 8–16 weeks but can be longer depending on circumstances.
- Administer the Estate
With the Grant in hand, the executor or administrator can:
- Pay debts and liabilities.
- Finalise tax affairs.
- Distribute the estate to beneficiaries according to the Will or intestacy rules.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we understand that dealing with probate during a time of grief can be overwhelming. We offer clear, compassionate, and comprehensive support throughout the entire process.
We can help you:
- Determine whether probate is required.
- Apply for the Grant of Probate or Letters of Administration.
- Resolve disputes or complex estate issues where necessary.
Whether you need full estate administration or assistance with just one stage of the process, our probate solicitors are here to guide you.
Conclusion
Probate is a critical step in managing a deceased person’s estate, especially where assets are solely owned or of significant value. While not always required, understanding when and how to apply for probate can help ensure that the estate is managed lawfully and in accordance with the deceased’s wishes.
If you are unsure whether probate is needed or would like professional assistance, contact Blackstone Solicitors. We provide expert legal advice to clients across England and Wales, helping make the probate process as smooth and stress-free as possible.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of dealing with probate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
