When someone close to you passes away, dealing with legal and financial matters can feel overwhelming.
One common question that arises is: “When do you need a grant of probate in the UK?”
Understanding when and why probate is required can help make the process smoother and prevent unnecessary delays during a difficult time.
In this comprehensive guide, we’ll explain what probate is, when it is needed, and how to apply for it.
Whether you’re planning ahead or managing a loved one’s estate, this blog is designed to help you navigate the probate process with clarity and confidence.
What is a Grant of Probate?
A grant of probate is a legal document issued by the probate registry that gives the executor of a will the authority to administer a deceased person’s estate.
This includes accessing bank accounts, selling property, paying off debts, and distributing inheritance to beneficiaries.
If there is no will, the process involves applying for letters of administration, but the general term “probate” is still often used.
To understand the basics in more depth, visit our blog on what is a grant of probate and how do you apply
When Do You Need a Grant of Probate?
You typically need a grant of probate in the UK when:
1. The Estate Value is Above a Certain Threshold
Most banks and financial institutions in the UK have a threshold (usually between £5,000 to £50,000) above which they require a Grant of Probate before releasing funds.
The exact limit varies by institution.
2. There Are Solely Owned Assets
If the deceased owned assets in their sole name such as a house, bank account, or shares, you will usually need probate to access or transfer those assets.
3. The Deceased Left a Valid Will
Even if there is a will, probate is often still required to legally validate it and carry out the instructions within.
So, if there is a will, is probate required?
In many cases, yes, especially when the estate includes high-value or solely owned assets.
When Probate Might Not Be Needed
Probate might not be necessary if:
The estate is low in value and under bank thresholds.
When assets are owned jointly, the surviving co-owner usually receives them.
There are no property or complex investments involved.
The estate has no debts and is simple to manage.
In such cases, contacting each institution (banks, insurers, etc.) directly is the best way to confirm whether they require probate.
Why Does a Will Go to Probate UK?
Even if a will clearly outlines the deceased’s wishes, it still must go through probate in many cases. Here’s why:
Legal Validation: Probate confirms the will’s authenticity and legality.
Executor Authority: It allows the executor to act on behalf of the estate.
Protection Against Fraud: Probate provides an official record to prevent unauthorized access or disputes.
Ensures Fair Distribution: It guarantees the estate is handled properly under UK law.
So if you’re wondering why does a will go to probate UK, the answer lies in ensuring legal transparency and proper management of the estate.
What Does Probate Granted Mean?
When you receive confirmation that probate has been granted, it means the court has reviewed and approved your application.
Currently, the executor has legal permission to:
Close bank accounts
Sell property
Pay debts and taxes
Distribute inheritance to beneficiaries
If you’ve ever wondered what does probate granted mean, it essentially marks the beginning of the estate administration process, not the end.
What Happens After Grant of Probate Issued?
Once the grant of probate is issued, the executor must take the following steps:
1. Collect All Assets
This includes bank funds, pensions, property, and personal belongings.
2. Pay Outstanding Debts and Taxes
This could involve paying Inheritance Tax, funeral expenses, and other liabilities.
3. Distribute the Estate
The remaining assets are divided in accordance with the will once obligations and taxes have been paid.
4. Keep Records
Executors should maintain detailed accounts and be ready to answer queries from beneficiaries or HMRC.
Consider an online probate application that offers a quick and affordable way to handle probate from start to finish.
How to Apply for Grant of Probate
If you’re the executor named in the will, here’s how you can apply:
Step 1: Value the Estate
Determine the total value of all debts and assets.
Step 2: Report Inheritance Tax
You must submit an Inheritance Tax form to HMRC—even if no tax is due.
Step 3: Submit the Application
Apply online or by post with the necessary documents, including the original will, death certificate, and Inheritance Tax forms.
Step 4: Wait for Approval
Processing can take several weeks, depending on the case complexity and registry delays.
For a smoother experience, Probate Central can help you with the entire process from valuation to submission and follow-up.
Common Probate Questions
Is Probate Needed If There Is a Will?
As mentioned earlier, yes, in most cases. Especially if the deceased owned property or assets solely in their name, a Grant of Probate is usually required regardless of the presence of a will.
Can You Do Probate Yourself?
Yes, but it can be time-consuming and complex. If you’d prefer professional help, a probate online application can save you time, effort, and stress.
What If There Is No Will?
If the deceased died intestate (without a will), a family member must apply for letters of administration. The distribution will follow the UK’s intestacy rules.
Summary
Understanding when you need a grant of probate in the UK is crucial when managing a loved one’s estate.
While not every case requires it, many do especially when the estate is substantial or involves solely owned property.
Whether you’re wondering how to apply for a grant of probate, what happens after probate is granted, or why a will still needs to go to probate, the key is to get the right information early on.
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