When someone dies leaving a will, it is easy to assume that their affairs can be dealt with quickly and without formal paperwork. In practice, many estates in England and Wales still require probate, even where the deceased clearly set out their wishes in a valid will. Probate is the legal process that confirms who has authority to manage the estate, collect assets, settle debts, and distribute what remains to the beneficiaries. The will guides what should happen, but probate often provides the proof that others need before they will release money or transfer property.
Whether probate is needed depends less on the existence of a will and more on what the deceased owned, how it was owned, and which organisations hold the assets. Some estates can be administered without a grant because assets pass automatically to someone else, or because institutions are prepared to release funds below certain limits. Others require a grant of probate because there is a home to sell, investments to cash in, or multiple accounts to close.
This article explains what probate is, why it can still be required when there is a will, when probate is usually needed in England and Wales (and the most common exceptions), and what executors typically need to do to apply. It also answers common questions people ask when trying to work out the quickest and most sensible way to administer an estate.
What probate is and why it can still be needed when there is a will
Probate is the official confirmation that an executor has the right to deal with a deceased person’s estate. Where there is a valid will, the court issues a grant of probate. The grant is a sealed legal document that third parties, such as banks, building societies, investment providers and the Land Registry, may require before they will release assets or allow property to be transferred or sold.
A will and a grant of probate are not the same thing. The will sets out who should act (the executors) and who should benefit (the beneficiaries). Probate is the process that validates the executor’s authority so they can act effectively. Even if nobody is disputing the will, the grant may still be needed because organisations managing assets often have legal and regulatory duties. They want certainty that they are dealing with the correct person and that the estate is being administered properly.
Probate also sits alongside tax and administration requirements. In many cases, executors must provide information about the estate to HMRC and may need to settle inheritance tax before a grant is issued. Even where no tax is due, the process of valuing assets and documenting liabilities is central to administering an estate responsibly. The grant provides a clear starting point for collecting in assets, paying debts, and accounting to beneficiaries.
If there is no will, a similar process exists but the document is called letters of administration and the person dealing with the estate is an administrator, not an executor. People sometimes use “probate” to mean the whole estate administration process, but strictly it refers to the court’s grant confirming authority. The key message is that a will does not automatically remove the need for probate. It simply determines who should apply and how the estate should ultimately be distributed.
When probate is usually required in England and Wales (and common exceptions)
Probate is usually required when the estate includes assets that cannot be accessed or transferred without a formal grant. A common trigger is property held in the deceased’s sole name, or held as tenants in common with someone else. If a home needs to be sold or transferred and it is not passing automatically to a surviving joint owner, the Land Registry and conveyancers will typically require a grant of probate (or letters of administration) before the transaction can complete.
Probate is also often needed for bank accounts, investment portfolios, premium bonds, shareholdings, or other financial products where the provider has set a threshold above which they will not release funds without a grant. Those thresholds vary between organisations, and some are more cautious than others. It is possible to have an estate made up of several modest accounts which collectively are substantial, even if each individual provider might release money without a grant. Executors should check directly with each institution.
There are, however, common situations where probate may not be required. Assets held jointly as joint tenants, such as a joint current account or a home owned as joint tenants, usually pass automatically to the surviving owner under the right of survivorship. In those cases, the asset does not form part of the estate for probate purposes, although its value may still be relevant for inheritance tax calculations. Likewise, some workplace benefits and pension death benefits can be paid at the discretion of trustees or scheme administrators and may not require probate, depending on the scheme rules.
Small estates can sometimes be handled without a grant because banks and other institutions may release funds after seeing the death certificate and completing their own forms. Thresholds vary between institutions, but many sit in the low thousands of pounds. This is an administrative policy rather than a legal rule, so it is not guaranteed. If an institution insists on a grant, executors may have little choice but to apply. Another partial exception involves life insurance written in trust. If the policy is in trust, the payout may go directly to the trustees or beneficiaries and not into the estate, potentially reducing what needs to be dealt with through probate.
Finally, even where probate is not strictly required, it can still be useful. A grant can help executors demonstrate authority, reduce delay with asset holders, and provide a clearer framework for settling liabilities and distributing funds, especially where beneficiaries want reassurance that the process is being managed properly.
How to apply for probate and what executors need to do
Executors have a duty to administer the estate in line with the will and the law. Applying for probate is one part of that broader responsibility. Before applying, executors should locate the original will and confirm it is the most recent version. They should also register the death and obtain multiple official copies of the death certificate, as many organisations will request one. It is sensible to secure property, notify insurers, and take practical steps to protect valuables.
A key early task is valuing the estate. Executors need to identify assets and liabilities as at the date of death. This can include property, bank accounts, savings, investments, vehicles, personal possessions, loans, credit cards, household bills, and any funeral expenses. Accurate valuations matter because they affect tax reporting and because executors may be personally responsible if the estate is distributed incorrectly or if tax is underpaid.
Inheritance tax reporting varies depending on the size and complexity of the estate. Some estates qualify as “excepted estates” with simpler reporting, while others require more detailed forms. Where inheritance tax is due, some of it may need to be paid before the grant is issued. Executors may need to arrange payment from estate funds held by a bank, or through other funding arrangements, particularly if the estate is asset-rich but cash-poor.
Once the relevant information is gathered and the appropriate forms are completed, executors apply for the grant of probate. They will submit details of the deceased, the will, and the estate values, and pay the standard application fee, unless the estate is small enough to qualify for a fee exemption. Processing times can vary depending on the nature of the application and any queries raised.
After the grant is issued, executors can collect in assets, close accounts, sell or transfer property, and settle debts. They should keep clear records of all money received and paid out. Many executors prepare estate accounts showing the starting values, income, expenses, distributions, and the final balance. Only once liabilities and tax are dealt with should the executor distribute the remaining estate to beneficiaries in accordance with the will. Where there may be unknown creditors or the estate is complex, executors may also consider protective steps, such as placing statutory notices under section 27 of the Trustee Act 1925, to reduce the risk of personal liability.
FAQs
Do you always need probate if there is a will?
No. In England and Wales, a valid will does not automatically mean probate is required. Whether you need a grant of probate depends on what the deceased owned and how it was owned. If the main assets pass automatically, such as a home owned as joint tenants with a surviving spouse or partner, or a joint bank account, those assets usually transfer outside the estate and may not require probate. Similarly, some organisations will release small balances without a grant, though their limits and policies vary.
That said, probate is commonly needed where the deceased owned property in their sole name, held a share of property as tenants in common, or had investments or larger sums that providers will not release without a grant. Executors should contact each asset holder to confirm their requirements rather than relying on general assumptions.
How long does probate take in England and Wales when there is a will?
Timescales vary, but it is helpful to think of probate as a process with several stages rather than a single event. The initial fact-finding and valuation stage can take weeks or months, depending on how straightforward the estate is and how quickly organisations respond with date-of-death values. Tax reporting can add time, especially if inheritance tax is payable and funds need to be arranged before the application can be submitted.
Once the application is submitted, the grant of probate can take additional time to be issued. Delays may arise if the paperwork is incomplete, if there are questions about the will, or if extra checks are required. After the grant is issued, collecting in assets and completing a property sale can take further months. Many estates take several months to administer, and more complex estates can take longer.
Can an executor deal with bank accounts before probate is granted?
An executor’s ability to deal with bank accounts before a grant is limited. Most banks in England and Wales will freeze sole accounts when notified of a customer’s death. They may allow certain payments from the account without probate, commonly funeral expenses and sometimes inheritance tax payments, if invoices and appropriate forms are provided. However, releasing the remaining funds to the executor or beneficiaries usually requires either a grant of probate or the account falling below the bank’s threshold for releasing money without a grant.
If there are joint accounts, the surviving account holder typically continues to have access, though the bank should still be notified. Executors should be cautious about using money before the estate position is clear. Good record-keeping is essential, and it is wise to avoid informal arrangements that could later cause disputes among beneficiaries.
What happens if the will names executors but they do not want to act?
Executors are not forced to take on the role. If an executor does not want to act and has not started dealing with the estate, they can choose to renounce. Renunciation is a formal legal step and is generally intended to be permanent, so it should not be done lightly. If the executor has already begun administering the estate, stepping back becomes more complicated and they may need to apply for permission to stop or to have power reserved depending on the circumstances.
If there are multiple executors, one or more may apply while others step aside. The will may also name substitute executors. If no executor is willing or able to act, someone else, such as a beneficiary, may be able to apply to administer the estate, but the correct route depends on the situation. Getting advice is often sensible to avoid delays and procedural mistakes.
Do all assets pass through probate when there is a will?
No. A will governs the estate, but not everything the deceased owned necessarily forms part of the probate estate. Assets owned jointly as joint tenants usually pass automatically to the surviving owner, regardless of what the will says. Certain pension death benefits and workplace death-in-service benefits may be paid at the discretion of trustees or scheme administrators and can fall outside the estate. Life insurance written in trust can also pay out directly to beneficiaries without passing through the estate.
However, assets held in the deceased’s sole name generally do form part of the estate and may require probate to transfer or sell. Also, even if an asset does not pass through probate, its value may still be relevant when working out the overall inheritance tax position. Executors should look at ownership structures carefully rather than assuming the will controls everything.
Can you sell a house before probate is granted if there is a will?
You can usually market a property and accept an offer before probate is granted, but you generally cannot complete the sale until the executor has the legal authority to transfer ownership. In practice, conveyancers and the Land Registry will typically require the grant of probate where the property is in the deceased’s sole name or where the deceased owned a share as tenants in common. Buyers may also be reluctant to proceed too far without confidence that probate will be granted.
If the property passed automatically to a surviving joint owner as joint tenants, probate may not be needed for that property, though other estate assets might still require a grant. Executors should be cautious about setting expectations on timing. The sale process can move quickly once probate is issued, but delays in obtaining valuations, settling tax reporting, or dealing with title issues can hold things up.
Conclusion
A will is an important starting point, but it does not automatically remove the need for probate in England and Wales. Probate is often required because banks, investment providers, and property transfer processes need formal proof that the executor has authority to act. Whether you need a grant of probate depends on the nature of the assets, how they were owned, and the requirements of the organisations holding them. Jointly owned assets that pass by survivorship, certain benefits and policies set up outside the estate, and some smaller balances may be dealt with without a grant, but there is no universal rule.
For executors, the practical work typically involves locating the will, securing assets, gathering date-of-death values, understanding liabilities, completing any necessary inheritance tax reporting, applying for the grant, and then collecting in assets and distributing the estate with clear records. Even when probate is not strictly required, taking a structured approach helps reduce disputes and protects executors from avoidable mistakes.
If you are unsure whether probate is needed, or you are dealing with property, multiple accounts, or a potentially taxable estate, tailored advice can save time and stress. To explore support with probate and estate administration, visit https://taylorrose.co.uk/.
