When Is Probate Required UK

When someone passes away, dealing with their estate can feel overwhelming,  especially if you’re not sure what legal steps are needed. One of the most common questions people have is whether probate is required. In the UK, probate isn’t always necessary, but it depends on the type and value of the assets left behind. In this blog, we’ll explain what probate is, when it’s needed, and how to know if it applies to your situation.

Probate is the legal process of dealing with someone’s estate after they die. It gives a person (usually a family member or executor named in the will) the authority to collect the deceased’s assets, pay off any debts, and distribute what’s left to the rightful beneficiaries. Ultimately, probate is the official permission needed to sort out someone’s finances after they’ve passed away.

• If there’s a will, the person named as the executor applies for a grant of probate.

• If there’s no will, a close relative applies for letters of administration.

• Some small estates don’t require probate at all, especially if assets were held jointly or the total value is below a certain threshold.

Dealing with probate can be time-consuming and emotionally draining, especially when you’re also coping with the loss of a loved one. A reliable solicitor like us at Broadbents Solicitors can guide you through the legal and financial steps with clarity and efficiency, helping to reduce stress and avoid costly mistakes.

They’ll start by confirming whether probate is needed, based on the size and structure of the estate. If it is, they can help apply for the Grant of Probate (or Letters of Administration if there’s no will), ensuring all paperwork is submitted correctly and on time.

We can also:

• Value the estate and handle any complex assets

• Deal with HMRC and calculate any inheritance tax

• Pay off outstanding debts and liabilities

• Distribute funds to the rightful individuals

• Keep detailed records for legal and family purposes

Having a professional involved also helps reduce the risk of disputes or delays, especially useful if the estate is large, involves property, or if family dynamics are sensitive. In short, a good solicitor can make the probate process smoother, faster, and far less overwhelming.

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.