When a loved one passes away, dealing with their estate can be overwhelming especially if you’re unsure of the legal steps involved.
One of the most common questions asked is: Do you need probate if there is a will?
This guide will help you understand the circumstances in which probate is required, how it works, and what steps you need to take when a will is involved.
What Is Probate?
One legal procedure that grants someone the power to manage a deceased person’s estate is probate.
This includes managing property, money, possessions, and paying off any debts.
If there is a will, the person named as the executor applies for a Grant of Probate, which legally authorises them to carry out the wishes stated in the will.
For a more detailed explanation of the process, read in-depth article:
Understanding the Probate Process in the UK
What to Do with a Will When Someone Dies
When someone dies, the first thing you should do with the will is ensure it’s the most recent version.
The executor named in the will must then safeguard the document and make a copy for probate purposes.
The original will is required when applying for probate.
If you are unsure of what steps to take with the will, we offer professional guidance.
📞 Call Us at +44 204 515 5210.
Is Probate Required If There Is a Will?
The short answer is: it depends.
✅ When Probate Is Needed
Even if there is a valid will, probate is usually needed if:
The deceased had land or property in their own name.
There are large sums of money held in bank accounts.
Investments, shares, or premium bonds are involved.
Financial institutions request a Grant of Probate to release funds.
If these conditions apply, the executor must apply for probate to access and distribute the estate.
Learn more about How to Contact the Probate Office in the UK.
❌ When You Don’t Need Probate
Probate may not be necessary in these cases:
The estate is small (usually under £5,000–£10,000).
The surviving owner automatically inherited all jointly owned assets.
The estate has already been planned to avoid probate (through trusts or gifts).
No financial institution requires a Grant of Probate.
This leads to a common secondary question: When you don’t need probate—the answer often depends on how the assets were held and the estate’s total value.
How Does Probate Work?
Here’s a simplified overview of how probate works when there is a will:
Locate the Will
The named executor should secure the will and ensure it’s valid.
Estimate the Estate’s Value
This includes all money, property, debts, and possessions.
Apply for the Grant of Probate
The executor applies for probate online or in the mail, together with the will.
Pay Any Inheritance Tax
If required, inheritance tax must be paid before the Grant of Probate is issued.
Administer the Estate
After probate is granted, the executor pays off debts and distributes assets according to the will.
Who Reads a Will After Death?
After someone passes away, the executor is responsible for reading and executing the will.
While there’s no formal “will reading” like in movies, the executor should share relevant parts with the beneficiaries.
If probate is necessary, anyone can obtain a copy of the will upon request.
Common Misconceptions: Will vs. Probate
Many people believe that simply having a will avoids probate, but this is not always the case.
Understanding the difference between having a will and needing probate is essential when managing a loved one’s estate.
Can an Executor Act Without Probate?
Executors cannot act legally without the Grant of Probate, unless probate is not needed.
This means they cannot:
Access bank accounts
Sell property
Pay debts
Distribute assets
Trying to act before probate is granted may cause delays or legal issues.
Do You Always Need a Solicitor for Probate?
You do not always need a solicitor, especially for straightforward estates. However, professional help is highly recommended if:
The will is contested
The estate is large or complex
There are foreign assets involved
Inheritance Tax is due
At Probate Central, our experienced probate professionals can guide you through the entire process efficiently and cost-effectively.
When Is Probate Needed If There Is a Will?
If you’re still unsure about your situation, feel free to contact us now for a free consultation.
Summary
You cannot always prevent probate just because you have a will.
The need for probate depends on the value and structure of the estate, as well as the policies of individual financial institutions.
If you’re managing a loved one’s estate, knowing when probate is required will save you time, legal issues, and unnecessary stress.