What is Probate?

When someone passes away, one of the first questions families face is whether probate is required. Probate is the legal process that gives someone the authority to deal with a person’s estate — their money, property, and possessions — after death.

Do I need Probate?

The need for probate depends on what the person owned, how assets were held, and what the banks or institutions involved require.

Does the estate include any of the following?

Savings > £5000 Property Shares
Investments Inheritance tax liability Life insurance policies
Intestacy (no will) Overseas investments
  • The deceased owned property solely in their name or as tenants in common with someone else.

  • There are bank or savings accounts in the deceased’s sole name worth more than the bank’s release threshold (typically £5,000–£50,000).

  • The estate includes shares, investments, or life insurance policies that pay into the estate.

  • The person died without a Will (intestacy), and their estate needs to be distributed legally.

  • There are inheritance tax considerations — for example, the estate is worth more than £325,000 or is complex.

Not Sure What to Do Next?

Our team can assess your situation and confirm whether you’ll need probate — and, if so, handle the process on your behalf.

We’ll help with valuations, HMRC submissions, asset collection, and distribution to
beneficiaries.

Get in touch today for clear advice and a fixedfee quotation.

📞 01233 534 444 to speak to
one of our paralegal team!

FAQs

How is Probate different from an LPA?
While both involve someone acting on your behalf, they apply at very different times and for very different reasons:
 

  • Timing: An LPA is used during your lifetime; Probate takes place after death.

  • Authority: An LPA is granted by you, while you’re alive and have mental capacity; Probate authority is granted by the court once you’ve died.

  • Scope: An LPA can cover decisions about your property and finances, and separately, your health and welfare. Probate covers the administration and distribution of your estate only.

  • Termination and start: Your LPA ends automatically the moment you die. It’s only at that point that the executor’s (or administrator’s) authority to deal with your estate begins.
Do I always need Probate if there’s a Will?
Not always. Whether probate is required usually depends on the size and nature of the estate, for example, low-value estates or assets held jointly (which often pass automatically to the surviving owner) may not require a formal grant of probate. It’s worth getting tailored advice, as this varies case by case.
What happens if someone dies without a Will?
This is known as dying “intestate.” In this case, the estate is distributed according to fixed legal rules rather than personal wishes, and a slightly different process called a Grant of Letters of Administration is needed instead of a Grant of Probate. This can take longer, and the outcome may not reflect what the person would have wanted, which is one of the most common reasons people come to us to get a Will in place.