Do I Need Probate?

If someone has died and you are dealing with their estate, you might be wondering whether you need to apply for probate. The short answer is: it depends on what they owned and how it was owned.

This guide explains it in plain English. No legal jargon, no complicated terms. Just what you need to know.

What Is Probate?

Probate is the legal process that gives someone the authority to deal with a person estate after they die. “Estate” means everything they owned – property, money, possessions.

When someone dies, their bank accounts are usually frozen. You need probate (or “grant of representation”) to access those accounts, sell property, and distribute the estate to beneficiaries.

There are two types:

• Grant of probate – when there was a will and you are the executor named in it
• Letters of administration – when there was no will, or the named executors cannot or will not act

Both do the same thing: give you the legal authority to deal with the estate.

When You DON’T Need Probate

You might not need probate if:

1. Everything was jointly owned – if the house, bank accounts etc. were in joint names, they usually pass to the surviving owner automatically. The death certificate is enough.
2. The estate is small – most banks and building societies will release funds under £5,000 (some up to £50,000) without seeing a grant of probate. You will need the death certificate and to fill in a small estate declaration.
3. They only had personal possessions – if there is no property, no significant bank accounts, just household contents, you generally do not need probate.

When You DO Need Probate

You will almost certainly need probate if:

1. They owned a property in their sole name – you cannot sell or transfer a property without a grant of probate.
2. The estate is worth more than £5,000 – or more than the bank threshold for releasing funds without probate.
3. There are significant assets – bank accounts, investments, pensions, or other financial assets in their name only.
4. There are disputes – if beneficiaries disagree about how the estate should be handled, probate gives the executor the legal authority to make decisions.

Do I Need a Solicitor for Probate?

No. You can apply for probate yourself through the government website (gov.uk/apply-for-probate). The application fee is £273 (for estates over £5,000), and there is no legal requirement to use a solicitor.

A solicitor is worth considering if:

• The estate is complicated (multiple properties, business assets, foreign assets)
• There are disputes between beneficiaries
• The will is unclear or being contested
• You do not have the time or confidence to handle it yourself

But for a straightforward estate – one property, some bank accounts, personal possessions – many people handle probate themselves. It is mostly forms and patience, not legal expertise.

What Has to Happen with the Property?

If the person owned a property, it needs to be dealt with as part of the estate. This usually means:

1. Get it valued – for probate purposes, you need a valuation of the property AND its contents as at the date of death. This goes on the IHT407 form for HMRC.
2. Decide what happens to the contents – some items may go to beneficiaries named in the will, some may be sold, some may need clearing.
3. Clear the property – once items for beneficiaries have been removed, the rest needs clearing before the property can be sold or transferred.
4. Maintain the property – probate can take months. The property needs keeping secure, checking for leaks, maintaining through winter, and keeping the garden tidy.
5. Prepare the property for sale or transfer – utilities sorted, basic prep done, handed over to an estate agent if being sold.

This is where we come in. We handle the valuation, the clearance, ongoing property maintenance, and the practical property side of probate. One call to us and we will sort the property so you can get on with the rest.

Learn more about our Probate Support service

How to Apply for Probate (If You Need To)

1. Get the death certificate – order several copies (you will need them)
2. Find the will – if there is one, the executors named in it apply for probate
3. Value the estate – property, contents, bank accounts, investments, debts
4. Fill in the forms – PA1P (with will) or PA1A (without will), plus IHT400 or IHT205 for inheritance tax
5. Submit and pay – apply online at gov.uk/apply-for-probate or by post
6. Wait – typically 4-8 weeks for the grant to be issued
7. Deal with the estate – once you have the grant, you can sell property, access accounts, and distribute to beneficiaries

Quick Reference

Situation	Need Probate?
Property in sole name	Yes
Property owned jointly	No (passes automatically)
Estate under £5,000	Usually no
Estate over £5,000	Yes
No property, small savings	Probably not
Bank accounts over bank threshold	Yes
Everything in joint names	No

Need Help with the Property Side?

We handle probate valuations, property clearance, ongoing property maintenance and practical support across Stockport, Manchester and the North West. No obligation, just practical help.

Call: 0161 554 0401
Email: [email protected]

This is general information, not legal advice. For specific legal questions, consult a solicitor.

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