Probate: the short answer
“Probate” is often used to describe the whole process of dealing with someone’s estate.
Strictly, a Grant of Probate is the court document confirming the executors’
authority where there is a valid Will. If there is no Will, the appropriate document is
usually a Grant of Letters of Administration.
You do not always need a grant. Whether one is required depends mainly on the assets,
how they were owned and the requirements of the bank or organisation holding them—not
simply on the total size of the estate.
What does a grant allow you to do?
A grant confirms the personal representatives’ authority to collect, transfer or sell
assets. It may be required before they can:
- close substantial bank or investment accounts;
- sell or transfer land held in the deceased’s sole name;
- deal with shares or certain investments; or
- receive money from institutions that insist on seeing the grant.
Executors derive their authority from the Will, but organisations may still require
formal proof through a Grant of Probate. Administrators generally obtain their authority
through the grant.
When might probate not be needed?
A grant may not be required where:
- assets were jointly owned and pass automatically to the surviving joint owner;
- the estate consists only of modest bank balances that an institution agrees to release without a grant;
- a life policy or pension benefit is paid directly to a nominated person or at trustees’ discretion; or
- there are no assets requiring formal transfer by personal representatives.
Each bank and financial institution applies its own release policy. There is no universal
“small estate” limit applying to every organisation. One bank may release funds without
a grant while another may require one for a similar balance.
Joint property and joint accounts
An asset held as a beneficial joint tenancy will usually pass by survivorship rather than
under the Will or intestacy rules. This often applies to jointly owned homes and accounts,
but the ownership arrangement must be checked.
If land is held as tenants in common, the deceased’s share forms part of the estate.
A grant is generally needed before personal representatives can complete a sale or
transfer of land registered in the deceased’s sole name, although a surviving legal owner
may affect the conveyancing route.
Is probate the same as estate administration?
No. Obtaining the grant is one stage. Full administration may include locating the Will,
valuing assets, reporting tax, settling debts, selling property, collecting funds,
preparing estate accounts and distributing to beneficiaries.
A grant-only service assists with obtaining the document. A
full administration service deals with the wider estate. Families
should check which work is included in any quotation.
Do you need probate if there is a Will?
Sometimes. A Will identifies executors and beneficiaries, but it does not remove every
institution’s requirement for a grant. Conversely, a simple estate may be dealt with
without a grant even though a Will exists.
Do you need probate where there is no Will?
The same asset-based question applies, but the document is usually Letters of
Administration. The intestacy rules decide who has priority to apply and inherit.
An unmarried partner has no automatic entitlement to administer or inherit merely
because of the relationship.
What must happen before applying?
The estate must be valued for Inheritance Tax purposes, even if no tax is ultimately
payable. The applicant must determine whether full details must be reported to HMRC
and deal with any tax required before the grant. For excepted estates, estimated values
are supplied within the probate application.
From July 2026, the court application fee is £526 where the estate value
exceeds £5,000; there is no application fee at or below £5,000. Extra sealed copies
ordered with the application currently cost £2 each. These official fees can change and
should be checked immediately before publication or application.
When is professional help particularly useful?
Advice can be valuable where the estate includes property, a business, trusts, foreign
assets or significant lifetime gifts; Inheritance Tax may be due; the Will is missing or
unclear; a beneficiary cannot be located; family members disagree; the estate may be
insolvent; or a claim is threatened.
Personal representatives are responsible for administering the estate correctly. Acting
too quickly, paying the wrong debts or distributing before resolving a claim can expose
them personally.
Frequently asked questions
Can a bank release money without probate?
It may do so under its own policy. Ask each institution what documents and limits apply;
do not assume another bank’s rule is the same.
Can funeral costs be paid before probate?
Banks will sometimes pay a funeral director directly from the deceased’s account on
receipt of the required documents. The bank’s policy applies.
Can a house be marketed before probate?
Often yes, but the personal representatives will generally need the appropriate grant
before completing a sale of property held in the deceased’s sole name.
How long does probate take?
Timing depends on valuation, tax, the application, Registry processing and whether
queries arise. Full estate administration normally continues well beyond the issue
of the grant.
Speak to The Legal Practice Solicitors
Our Private Client team can advise on Wills, intestacy, probate applications, estate administration, Inheritance Tax issues and estate disputes. We can provide as much or as little support as the circumstances require.
Telephone: 0208 903 7017
Disclaimer
This article is provided for general information only and does not constitute legal or tax advice or create a solicitor-client relationship. Wills, probate, tax and estate administration is fact-specific and may change. Obtain advice on the individual facts before acting. The law referred to is the law of England and Wales and is stated as at 26 August 2026.
