When Is Probate Required UK

When someone passes away, managing their estate can feel overwhelming, especially if you’re unsure what the legal process involves. One of the first questions people often ask is whether probate is required. In the UK, probate is the court’s permission for someone to deal with the deceased’s assets, and it isn’t always necessary. The need depends on factors such as the value of the estate, how assets were owned, and the policies of individual banks or institutions. For example, jointly owned property usually passes automatically to the surviving owner, while a house or account held solely in the deceased’s name will often require probate.

https://www.broadbentssolicitors.co.uk/services/will-probate/probate/

Dealing with probate is rarely straightforward. Beyond the paperwork, it often involves difficult decisions made at a time when emotions are already high. At Broadbents Solicitors, we aim to take away that pressure by combining clear legal advice with practical support, so families can focus on what really matters.

The first step is establishing whether probate is required. Not every estate needs it – for example, many banks release funds without probate if balances fall under their set limits, which can range anywhere between £5,000 and £50,000. Jointly owned property usually passes automatically to the surviving owner. By contrast, a house or flat registered solely in the deceased’s name will almost always require probate before it can be sold or transferred. Knowing where the line falls can save families weeks of uncertainty.

If probate is needed, we handle every stage on your behalf, including:

• Obtaining accurate valuations for property, investments, and personal possessions

• Preparing inheritance tax returns for HMRC and ensuring any liabilities are settled correctly

• Advising executors on the legal order in which debts must be paid, preventing personal liability

• Applying for the Grant of Probate or Letters of Administration and making sure deadlines are met

• Distributing the estate fairly, in line with the will or intestacy rules

• Keeping full records to protect against later challenges from creditors or family members

Why use a solicitor? In complex estates, those involving property, business assets, or estranged families, small errors can cause major delays or even legal disputes. For example, distributing funds before clearing all debts can leave executors personally responsible, while failing to calculate inheritance tax correctly may result in penalties from HMRC. Having an experienced probate solicitor ensures compliance with the law, reduces the risk of disputes, and brings peace of mind that everything is being handled properly.

Probate isn’t just about securing a piece of paper – it’s about making sure an estate is managed lawfully and sensitively. With Broadbents Solicitors, you’ll have a trusted partner to guide you through the process, protecting both your interests and your loved one’s wishes.

If you’re unsure whether probate is needed or simply want support with the process, our experienced team at Broadbents Solicitors is here to help. We provide clear, practical advice and take care of the legal steps, so you don’t have to face it alone. Get in touch with us today to speak to one of our probate specialists, we’re here to guide you every step of the way.