Do You Need Probate? When It Is Required and When It Isn't

After someone dies, one of the first practical questions is whether probate is needed. The answer decides whether you can deal with the estate straight away, or whether you first need legal authority from the Probate Registry.

It depends on what the person owned and how they owned it. This guide explains when probate is needed, when it is not, and how to find out quickly where you stand.

What probate is

When you probably do need probate

You will usually need a grant where the estate includes assets that an institution will not release without legal authority. The most common triggers are:

• Property in the deceased's sole name. A house or flat that was not jointly owned almost always needs probate before it can be sold or transferred.
• Larger bank or building society balances. Each provider sets its own limit above which it insists on seeing a grant. Limits vary widely, from a few thousand pounds to tens of thousands.
• Shares and investments. Most share registrars and investment providers require a grant.
• Property owned as "tenants in common". The deceased's share passes under their will or the intestacy rules, which generally needs probate.

When you probably do not need probate

Some estates can be wound up without a grant. Probate is often unnecessary where:

• The whole estate was jointly owned and passes to the surviving co-owner
• The estate is small: only modest bank balances below each provider's limit, and no property in the sole name of the deceased
• Assets were held in certain trusts, or had a valid nomination (some pensions and life policies) that pays out directly to a named person

How to find out whether you need probate

The quickest way is to list what the person owned and how it was held: property, bank accounts, investments, pensions, life policies, and whether each was in their sole name or jointly owned. From that, it is usually straightforward to say whether a grant is required. Every organisation has its own rules, so ask each bank or provider what it needs.

If property is involved, or there is a mix of sole and joint assets, it is worth a short conversation before you commit to anything. Aaron will say whether probate is needed and, if it is, exactly what it will cost as a fixed fee. He never charges a percentage of the estate.

Probate help in Bridlington and East Yorkshire

Aaron Johnson handles probate from start to finish at a fixed fee, with one named contact throughout, for families across Bridlington, Driffield, Filey, Hornsea, Beverley and the wider East Yorkshire area, including home visits where that is easier. If you are not sure whether you even need probate, that is exactly the kind of question to ask.