Grant of Probate Solicitors

GUIDE

Why do I need Probate?

Whether probate is required depends on the nature of the deceased person’s assets and how they were held.

It can be difficult to determine without professional guidance but our team at Daniel Woodman & Co. can help you find out quickly and clearly.

When is Probate needed?

Probate is generally needed when:

• The deceased owned property in their sole name;
• They held significant assets (such as large savings, shares, or investments);
• A bank or financial institution requests a Grant of Probate before releasing funds.

If the estate is small typically with only a modest amount of money in bank accounts probate may not be required. However, there is no fixed legal threshold. Each bank or organisation sets its own limit, which can range anywhere from £5,000 to £70,000. You’ll need to check directly with the banks, investment companies, and other asset holders to confirm whether they require probate, or we can do this on your behalf.

Is Probate needed to sell a property?

Yes, probate is always required if the deceased owned a property in their sole name. Without it, you cannot sell or transfer ownership of the property. If the property was jointly owned as joint tenants, it will pass automatically to the surviving owner, and probate may not be needed for that asset. If the property was owned as tenants in common, the deceased’s share does not pass automatically to the surviving co-owner. Instead, it will pass under their will (or intestacy), and probate will be required to deal with it.

How do joint assets affect Probate?

Assets held in joint names are usually treated as passing automatically to the surviving joint owner. However, an asset which on the face of it appears to be jointly held may not actually be owned jointly between the persons named. It may be that a review of the asset and reasons behind the joint ownership will have to be considered to ascertain whether an asset was truly held ‘jointly’. 

Does having a Will Trust affect Probate?

Even if a will includes a trust, probate may still be needed. The existence of a trust does not determine whether probate is required—it is the type and value of the assets that matter. However, the inclusion of a trust may make the probate process more complex and time-consuming.

Do I have to Apply for Probate myself?

You can apply for probate yourself and this is known as DIY probate. But it can be a time-consuming and legally complex process, especially if the estate includes:

• Property
• Multiple bank or investment accounts
• Tax matters (Inheritance Tax, Capital Gains, Income Tax)
• Disputes or uncertainties

If mistakes are made, the executor can be held personally liable, meaning they may have to pay for any financial errors out of their own pocket. That’s why many people choose to instruct a professional probate solicitor to manage the process on their behalf.

What Happens If I Don’t Apply for Probate?

If probate is required and no one applies:

• Assets will remain frozen bank accounts cannot be closed, property cannot be sold, and investments cannot be transferred;
• Beneficiaries cannot receive their inheritance;
• Delays may occur in future estate matters, especially if ownership of property or other key assets remains unresolved;
• The estate may become more complex and expensive to deal with over time.

Failing to apply for probate when necessary can cause long-term complications for family members and other beneficiaries.

Still unsure If Probate is needed?

It’s common to feel uncertain. For example:

• If your loved one had a small estate with no property, probate might not be needed
• But if they owned property or multiple assets in their sole name, probate is likely         to be required

Our experienced probate team can help you assess your situation and determine whether probate is needed. We’ll also provide a clear quote for carrying out the probate and estate administration on your behalf.