Following the death of a loved one, navigating probate can seem complex and overwhelming, especially for those unfamiliar with the process. Understanding when probate is required and how the probate process works can ease that uncertainty. At Waldrons Solicitors, we are here to guide you through this intricate area of law, ensuring that the estate is managed according to the deceased’s wishes and within the legal framework of England and Wales.
Cheryl Styles, Legal Executive at Waldrons Solicitors, shares her expert insight into when probate is necessary and how it works.
What is Probate? Understanding the Probate Process
For a detailed overview of probate and the responsibilities of executors, you may also wish to consult the UK Government’s official guidance on probate: GOV.UK – Apply for probate.
Probate is the legal process of managing a deceased person’s estate. It begins by validating the Will (if there is one) and confirming the appointment of an executor or executors, who are responsible for administering the estate in accordance with the terms of the Will. The executors must apply for a Grant of Representation (commonly referred to as a Grant of Probate), which legally authorises them to deal with the deceased’s assets and distribute them to the beneficiaries.
If the deceased did not leave a Will, the estate is dealt with under intestacy rules and an administrator (known as a personal representative) is appointed to manage and distribute the estate accordingly.
When is Probate Required? Key Factors to Consider
Recent data from HM Courts and Tribunals Service (HMCTS) shows that over 300,000 probate applications were submitted in England and Wales during 2023, marking the highest annual figure in over 15 years (source). This reflects the ongoing importance of understanding when probate is necessary, particularly as application volumes remain high.
For further reading on the thresholds used by different banks regarding probate, the MoneyHelper service provides useful guidance: MoneyHelper .
Whether probate is needed depends on the type and value of the assets in the estate. Some key factors include:
1. The Value of the Estate
If the estate is small and straightforward, such as cash in a bank account below a certain limit, probate may not be required. Many banks have thresholds under which they will release funds without a Grant. However, if the estate includes substantial assets like property, shares, or large savings, a Grant of Probate will almost certainly be necessary. Financial institutions, HM Land Registry, and insurance companies often require this legal confirmation before releasing funds or transferring property.
2. Ownership of Property
If the deceased owned property solely in their name, or jointly with another person but as tenants in common, a Grant is usually required. The deceased’s share of the property needs to be transferred to the beneficiaries.
If property was jointly owned as joint tenants, the surviving co-owner typically inherits the deceased’s share automatically through the right of survivorship, and probate may not be needed for that asset.
3. Joint Accounts
Probate is not generally required for joint accounts, as the surviving account holder usually retains access. However, if an account is held solely in the deceased’s name or involves significant funds, most banks and financial institutions will require a Grant of Probate to release the money.
4. The Complexity of the Will
A complex Will, such as one involving multiple beneficiaries, property transfers, or the creation of trusts, typically requires probate to ensure the estate is administered correctly and in accordance with the Will’s instructions.
5. When There is No Will
If the deceased died intestate (without a valid Will), probate is handled through a Grant of Letters of Administration. This authorises a personal representative (usually a close family member) to administer the estate according to intestacy rules.
6. Debts and Liabilities
If the deceased had outstanding debts or liabilities, a Grant may be required to ensure that these are settled before the remaining estate is distributed to beneficiaries. Executors and administrators are responsible for paying any debts from the estate.
How Can Waldrons Help with Probate Services?
You can also refer to The Law Society’s guidance: Dealing with someone’s affairs when they die.
Navigating the probate process can be challenging, especially if the estate or the family circumstances are complex. At Waldrons Solicitors, we can provide expert legal support at every stage:
- Determining if Probate is Needed: We will assess the estate and advise whether probate is required, relieving you of uncertainty during a difficult time.
- Applying for a Grant of Probate: If needed, we handle the application process, ensuring all documentation is completed accurately and efficiently.
- Administering the Estate: Once probate is granted, we can assist with distributing the estate, settling debts, managing tax affairs and ensuring the estate is administered smoothly and in line with legal obligations.
Cheryl’s Conclusion: Guidance on Probate Requirements
Probate timelines have fluctuated significantly in recent years. While delays peaked in 2023 with average waiting times of 13–14 weeks, improvements have reduced this to just over 4 weeks for standard applications as of late 2024. Despite these advancements, challenges such as asset access restrictions and executor liabilities remain common.
“While probate is not always required, it is a crucial legal process for estates involving substantial assets, property, or complex Wills. If you are unsure whether probate is necessary, seeking professional advice can help ensure the estate is managed efficiently, lawfully, and with care. At Waldrons Solicitors, we are here to support you through the entire process, offering expert legal guidance tailored to your circumstances.”
Cheryl Styles, Legal Executive at Waldrons Solicitors
Cheryl is a Legal Executive at Waldrons Solicitors, specialising in Wills, Probate and Estate Administration. With years of experience in guiding clients through the complexities of estate management, Cheryl provides clear and compassionate legal advice, ensuring that estates are administered efficiently and in accordance with the law.
Need assistance with probate or estate administration? Contact the Private Client team at Waldrons today, or visit our dedicated probate and estate administration page for more information: Probate and Estate Administration Services.
