Is Probate Required if There is a Will? 

Is probate required if there is a will? Dealing with the death of a family member is a difficult and upsetting time, especially if you are the person responsible for managing the legal and financial aspect of the deceased’s estate.  

As experienced Wills and Estate Solicitors, we often find people are unsure about what happens after a family member dies and there is confusion around whether probate is required if there is a will.  

In this article, we explain if probate is required if there is a will in place.  

What is Probate?

Probate is the term used to describe the process of administrating a dead person’s estate. It involves organising the legal and financial aspects of their property, money and possessions.  

The legal document which allows a named person or legal authority to settle the affairs of the deceased person is called a ‘Grant of Probate’ if there is a will. However, if a will isn’t present the closest relative should apply for a ‘Grant of Letters of Administration’ according to the Intestacy Rules. Both documents grant authority to access the estate. 

For further information please read our complete guide to probate. 

Is Probate Required if There is a Will?

In England and Wales, the presence or absence of a valid Will has no connection on whether or not probate is required.  

If an asset such as bank account has a value above the threshold at which the bank requires Probate (all banks have different thresholds) and the asset was held in the deceased’s sole name, then probate is required whether or not they had a valid will in place after death.  It is up to the bank to decide. 

When is Probate Required?

It is a common misconception that probate is not required if the deceased left a valid will, but this is irrelevant. It depends on the financial situation of the deceased.  

Probate may or may not be required on a deceased’s estate where there is a will. Also, probate may or may not be required on estates where the deceased had no will.  

Whether probate is required or not depends on:  

  1. Whether the deceased’s assets were held in their sole name or were held jointly as joint tenants or tenants in common.   
  2. The value of these assets.   

For further information please read our article explaining when probate is required in England.  

How Were the Assets Owned?

Establish whether the deceased’s assets were held in their sole name or in joint names with someone else.  

If the deceased owned assets in their sole name and left a valid will, if the value of the assets is over the probate threshold, then probate will be required and the assets will be distributed in line with the will. However, if there was no valid will the assets will be dealt with under the Law of Intestacy.  

Assets held in joint names (usually houses/land) are either held as joint tenants or tenants in common.  

If the deceased held assets in joint names as joint tenants with someone who is still alive then under the Right of Survivorship the assets will automatically pass to the co-owner and probate will not be required for these assets.  

However, if the deceased held assets as tenants in common, they will not pass by survivorship. Instead, the assets will pass to whoever is entitled to inherit them under the deceased’s will or the Rules of Intestacy. Probate may be required for these assets, depending on their value and who is inheriting them.  

Probate Advice & Support

If someone has and you need help understanding whether probate is required or not, our experienced Wills and Estate Solicitors can help you.   

Contact us on 033 3344 9609 or simply email [email protected]  

Wills & Estate Solicitors

Morrish Solicitors is a long-established law firm providing a range of legal services to clients based within the region and nationally. Our friendly and professional solicitors have years of experience dealing with Wills, Probate, Estates and other related legal matters.  

As part of our wills and estates services we can assist you with:  

With many years’ experience in this area of law we will help you plan ahead, enabling you to prepare for the future providing security and peace of mind for you and your family.  

Call our Wills and Estate Solicitors on 033 3344 9609 or email [email protected] with your request.  

To stay up to date with the latest law-related news, case studies and updates to our services please sign up to our newsletter.