Having a will does not automatically exempt an estate from probate. While a will provides instructions, a Grant of Probate is often required to legally authorize executors to handle assets, particularly for selling property, accessing high-value bank accounts, or transferring shares. Probate is usually necessary if the deceased held assets solely in their name.
Does every death have to go through probate in the UK?
1 in 2 people need probate after someone dies. Whether probate is needed depends on what the person owned when they were alive. For example, if they owned a property in their sole name, or had other high value assets, it's likely you'll need probate to deal with their estate. Visit our Do I need probate?
You do not always need probate to be able to deal with the estate. If you've been named in a will as an executor, you don't have to act if you don't want to.
But when there is no will, the process is more complicated. You can still apply for probate, but it is known as a grant of 'letters of administration', which gives you the legal right to administer the estate, including access to bank accounts.
“Excepted estates” are those that fall below the IHT threshold or meet specific exemptions (e.g. everything passing to a spouse or charity). For such estates, simplified IHT reporting applies, and probate may not be needed if financial institutions are satisfied with alternative documentation.
DO ALL WILLS NEED TO GO THROUGH PROBATE? | Explained - Attorney Michael Coleman
Where is probate not necessary?
You avoid probate by using tools like revocable living trusts, holding assets in joint ownership with right of survivorship, designating beneficiaries on accounts (like life insurance, retirement funds, or payable-on-death/transfer-on-death accounts) and placing assets in a trust. These methods ensure assets pass directly to heirs or beneficiaries, bypassing the court-supervised probate process.
Do I Need To Apply For Probate If There Is A Will? Not necessarily. Probate is a legal document you need to get before you can deal with the estate of someone who has died, however If the financial value of the estate is low, or the property and assets were jointly owned, you may not need probate.
Wills do not always require probate; smaller estates and those with extensive planning might avoid the process. State laws, joint ownership, beneficiary designations, and living trusts can allow assets to bypass probate.
The "probate 6 months rule" primarily refers to two key deadlines in the UK: Inheritance Tax (IHT) payments are generally due within 6 months of death to avoid interest, and potential claims against the estate under the Inheritance Act 1975 must typically be issued within 6 months after the Grant of Probate is issued, meaning executors often wait to distribute assets until this period passes to avoid liability.
Often when the first husband or wife dies, probate isn't needed. This is because they may hold their assets in joint names. If this is the case, the assets pass to the other automatically, without the need for probate.
Each financial institution has its own probate threshold. Some set a fixed limit, while others decide on a case-by-case basis. Thresholds can range between £5,000 and £50,000. As these limits can change, it's best to confirm directly with the relevant institution when dealing with an estate.
Do you need probate to sell a house if there is a will?
The executor will need to apply for a Grant of Probate from the Probate Registry. You're not able to make any financial plans or sell a property until you've received a Grant of Probate. Applying for a Grant of Probate is usually one of the first administrative actions that you take after someone has died.
Regardless of whether you do the probate work yourself or instruct a professional to help you, you'll need to pay an application fee to the court for the grant of probate. You won't have to pay this fee if probate isn't needed. The cost of applying for probate is £300. This fee is payable to the Probate Registry.
A bank account with a beneficiary typically can be claimed by the named beneficiary immediately upon the account owner's death. To claim the account, the beneficiary is generally required to present the bank with a valid government-issued ID and a certified copy of the account owner's death certificate.
Probate is usually needed if the person was the sole owner of property. It is sometimes needed if the property was owned jointly as tenants in common. This is because property owned in these ways usually can't be sold or transferred without probate.
A few factors determine whether or not a will must go through probate. The value of the probate estate and whether or not there are any debts are two key factors. If the estate's value is $150,000 or less, it can be distributed according to the will without going through probate.
Yes, you usually need probate even if there's a will, especially for significant assets like property or large bank accounts, to get the legal authority (Grant of Probate) needed to manage the estate; however, you might avoid it if the estate is small, assets are jointly owned (passing automatically to the survivor), or held in specific trusts. A will doesn't automatically grant authority; probate proves the will's validity and appoints the executor to act legally, protecting them from future claims.
What are the biggest mistakes people make with their will?
The biggest mistake people make with wills is failing to update them after major life changes (marriage, divorce, new children, new assets) or not having one at all, leading to family disputes and assets going to unintended recipients. Other common errors include using invalid DIY wills, unclear wording, not planning for digital assets, overlooking funeral wishes, and choosing the wrong executor, all of which can create significant complications and family conflict.
First, applying for a Grant of Probate. This is a legal document that needs to be applied for which gives the executor authority to sort out the assets of the person who died according to the instructions in their will.
One common method is to create a revocable trust. A revocable trust allows you to maintain control of your property during your life, and decide how the property is distributed after death, without needing to go through probate court.
Instead of the executor passing everything along to those who have been named, the assets will be frozen until probate is achieved. Probate gives the executor the legal authority to deal with the deceased person's possessions. So without it, it will be impossible to wind up their affairs.
