Do I Need Probate?

Do I Need It : The Short Answer

In many cases, yes but not always.

Whether you need probate depends on the type and value of the estate, as well as how the deceased person’s assets were owned.

When is it usually required:

You will typically require probate if:

• the person owned property in their sole name
• there are significant assets in the estate (often £5,000–£50,000+, depending on the bank or financial institution)
• banks, building societies or other organisations require a Grant of Probate before releasing funds

When probate may not be needed:

You may not need probate if:

• assets were owned jointly and pass automatically to the surviving owner
• the estate is relatively small
• there is no property and only limited financial assets

What happens if you’re not sure?

This is a very common situation.

Every bank, building society and financial institution has its own requirements when dealing with a deceased person’s assets, and estates are often more complex than they initially appear.

While some estates may seem straightforward at first, factors such as jointly owned assets, investments, property, or differing institutional policies can quickly add complexity. What appears to be a simple process can soon become confusing when navigating multiple organisations, legal requirements and administrative procedures.

Why getting it wrong matters:

If probate is required but not obtained:

• assets may remain frozen
• property cannot usually be sold or transferred
• the estate cannot be fully administered and distributed to beneficiaries

How we can help:

Our experienced Probate team regularly helps clients to:

• establish whether probate is required
• apply for and obtain the Grant of Probate
• manage the full estate administration process where needed

If you are unsure whether probate is required in your circumstances, Attwells Solicitors can help.

Contact our Probate team today for clear, practical guidance and a free initial discussion about your situation.