Probate Explained: What It Is and When You Need It
Probate is the legal authority to deal with what someone owned after they die. In practice, it usually means obtaining a court document, called a grant, which a bank, share registrar or HM Land Registry may require before money can be released, accounts closed or property transferred.
This article explains the general position in England and Wales. Scotland and Northern Ireland have their own rules. It is general information and is not a substitute for advice about a particular estate or family.
What is probate?
Everything the person owned forms their estate. Their assets have to be gathered in, debts and taxes paid, and what remains passed to the people legally entitled to inherit it.
Probate is the legal process that establishes who has authority to deal with the estate.
The three types of grant and which one you need
The umbrella term is a grant of representation, and the person responsible for administering the estate is the personal representative:
- an executor appointed by the will; or
- an administrator appointed where there is no executor able to act.
Which grant is needed depends on whether there is a valid will and whether an executor named in it is able and willing to act:
- A grant of probate, where there is a valid will and an executor named in it is applying.
- Letters of administration, where there is no will and the estate is intestate. Those entitled to apply do so in a statutory order of priority, starting with a surviving spouse or civil partner.
- Letters of administration with the will annexed are generally required where the deceased left a valid will, but probate cannot or will not be granted to an executor, so that the will must be proved and the estate administered by another person.
Do you need probate?
No single rule covers every estate. Whether a grant is needed depends on what the person owned, how they owned it and what the organisations holding those assets require.
If you are unsure whether a grant is required, our probate solicitors can advise you on your position and the next steps. Contact our team to discuss how we can help.
When a grant is usually needed
Three situations account for many estates that require a grant:
- A house or land in the deceased's sole name. A grant will usually be needed before the property can be transferred or a sale completed.
- A sole-name bank or building society balance above the institution's own threshold for requiring a grant. The figure varies between organisations, so it is worth checking with the institution directly.
- Shares, investments or business assets that cannot be transferred without formal proof of authority.
A single asset may be enough to require a grant if the organisation holding it requires formal proof of authority.
Jointly owned property, accounts and investments
How an asset was owned matters as much as what it was.
Property held as joint tenants passes automatically to the surviving owner by survivorship, and probate may not be needed to deal with that asset.
A tenant in common’s share does not pass by survivorship. Instead, it forms part of the estate and is dealt with under the will or the intestacy rules.
For bank accounts and investments, check the account terms and ownership arrangements, as the position can depend on how the asset was beneficially owned.
There is no £5,000 rule, and here is what that figure is
You will often read that probate is not needed for estates under £5,000. That is a myth.
The £5,000 figure relates to the court application fee. The application fee is £526 where the estate is over £5,000, and there is no fee where the estate is £5,000 or less.
It affects what you pay to apply for a grant, not whether a grant is needed.
A bank that releases money without a grant is applying its own policy. Those limits differ between banks and can change over time, so check with the institution directly.
Does a will mean you don't need probate?
No. Having a will does not automatically mean a grant is unnecessary.
The will sets out the person’s wishes and names the executors, while the grant provides formal evidence of the executor’s authority where one is required.
Whether a grant is needed still depends on the assets in the estate and the requirements of the organisations holding them.
Statutory figures are as at August 2026.
KIRSTY STRONG
HEAD OF PRIVATE CLIENT
TO CONTACT KIRSTY PLEASE
CALL01744 626 600
EMAIL[email protected]
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Our dedicated team brings extensive experience in supporting clients and their families through the legal process during some of life’s most trying moments. Led by our Private Client Partner, Kirsty Strong, who has been specialising in this field since 2009, our team handles even the most challenging and intricate cases with professionalism and care. We are here to provide guidance and expertise every step of the way.
TO CONTACT KIRSTY PLEASE CALL01744 626 600
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