Personal Law

Is Probate Always Necessary?

August 24, 2021

After someone dies, Grant of Probate or Grant of Administration is the process required to obtain legal control of their estate so that it can then be distributed to the intended beneficiaries, as determined by the will or if there is no will, the rules of intestacy. Typically, a Grant of Probate is only issued to named Executors of the Will. Letters of Administration are issued to the persons entitled under the rule of intestacy if the deceased died without a Will or if there are no executors named in the will, or the executors cannot or are unwilling to act.  

Where Probate is not needed

The value of the estate or what assets the deceased person owned will determine whether probate is needed. You will also need to find out how these assets were held. For example, you may not need probate if the person who died had jointly owned land, property, shares, or money. These will automatically pass to the surviving owners.

Usually, banks are willing to release smaller funds and assets without seeing a formal grant from the government. Therefore, if the estate's value is less than £10,000, probate will probably not be needed. However, there is no standard probate threshold in England and Wales, and it can be anywhere between £5,000 and £50,000. This is because every bank and financial organisation has their own limit they can release and their own approach to probate.

Do I need a solicitor to apply for probate?

Whilst it is possible to apply probate yourself – you can find information here on the government website – and many executors and administrators act without a solicitor, the process can be highly time-consuming and involve complex procedures. There is also the risk you can be held financially liable if you make any mistakes.

Seeking the advice of a probate specialist can help you determine if probate is needed and take away some of the stress of dealing with an estate after a loved one has passed away. You can also read our previous article here for more information about the Probate Process:

How would a probate solicitor be able to help me

Expert local Probate Solicitors in Sittingbourne

Jarmans Solicitors is one of the most established law firms in Sittingbourne. Our specialist probate solicitors have provided expert advice and services to clients across Sittingbourne, Kent, London, and the Southeast for many years. We pride ourselves on delivering exceptional client care and legal services, providing tailored, cost-effective legal solutions.

We offer legal advice for all your Probate needs. If you would like to contact us or book a consultation with a member of our team, please fill in the 'Make an Enquiry' form or call us on 01795 472291 or email enquiries@jarmans-solicitors.co.uk

The blogs, articles and any other material on this website is intended for general information purposes only and is not a substitute for full and proper legal advice. Jarmans Solicitors does not accept any responsibility for any loss resulting from any actions taken or omissions made in respect of the content hereof. We recommend that your own business or personal situation be thoroughly explored with a legal professional and that you do not place any specific reliance on any information herein.

Jarmans | Is Probate Always Necessary?