Do I Need Probate?

One of the most common questions following a bereavement is whether probate is required.

The answer depends on the type of assets owned, how they were held and the requirements of the organisations involved.

While many estates do require probate, others can be administered without it.

What Is Probate?

Probate is the legal process that gives an executor authority to deal with a deceased person's estate.

A Grant of Probate may be required before certain assets can be accessed, sold or transferred.

If there is no valid will, an eligible family member may need to apply for Letters of Administration instead.

When Is Probate Usually Required?

Probate is often required when the deceased owned:

• Property in their sole name

• Significant savings or investments

• Certain financial assets that cannot be released without legal authority

Banks and financial institutions will advise whether probate is required before they can release funds.

When Might Probate Not Be Needed?

Some estates can be administered without probate.

This is more common when:

• Assets were jointly owned

• The estate is relatively small

• Financial institutions are willing to release funds without probate

Every organisation has its own policies and thresholds.

What About Jointly Owned Property?

Where property is owned jointly, ownership may automatically pass to the surviving owner.

In these circumstances, probate may not be required to transfer ownership.

However, each situation is unique and legal advice may be appropriate if there is uncertainty.

How Can I Find Out If Probate Is Needed?

The executor or administrator will usually need to:

• Identify the deceased person's assets

• Contact banks and financial institutions

• Determine how assets were owned

• Establish the overall value of the estate

Once this information has been gathered, it becomes easier to understand whether probate is likely to be required.

What Happens If Probate Is Required?

The executor will normally need to:

• Value the estate

• Gather supporting documentation

• Complete probate applications

• Submit any required tax information

Once probate has been granted, estate administration can continue.

What If I'm Unsure?

Many people are uncertain whether probate is required when they first begin managing an estate.

This is completely normal.

Gathering information about assets and speaking with relevant organisations is often the best place to start.

Professional advice may also be helpful where the estate is complex.

A Gentle Reminder

Probate is only one part of estate administration and not every estate requires it.

Focus first on understanding the assets, documents and accounts involved. Once you have a clearer picture of the estate, the next steps often become much easier to identify.

If you are helping to manage an estate, The First 30 Days After Loss organiser provides a practical place to record important documents, financial information, contacts and key administrative tasks during the early weeks after bereavement.

This article is intended for general information only and does not constitute legal advice.