Do I need to apply for probate if there is a Will?

If a Will has been left, it is the type of assets, how they are owned and the value of the estate, that will determine whether a grant of probate is needed or not.

A grant of probate is a court-sealed document or court order which is issued by the Probate

Registry and gives the executor named in a Will, the legal right to manage the deceased’s estate. It provides the executor with access to the deceased’s money and allows them to share the possessions amongst the beneficiaries in accordance with the Will. 

It can take between 1-3 months for the grant of probate to be issued once the correct form has been submitted, and checks have been made to prevent any fraudulent applications. As part of the application, you would also need to provide an estimate of the value of the estate and determine whether or not there is Inheritance Tax to pay.

There are, however, several circumstances when the executor named in the Will doesn’t need to apply for a grant of probate. For example:

In England and Wales, the probate threshold can vary, so it’s important to check with the relevant bank or building society to establish what their probate threshold is because each financial organisation will have their own rules. 

If the deceased person was the sole owner of the property, the executor cannot sell it before getting a grant of probate. It makes perfect sense to get the property valued and put it onto the market, but to complete the sale before probate is granted would be foolish and could result in legal complications. 

Although you can apply for probate yourself, it’s better to get a specialist probate solicitor involved with the whole process from the start. This is especially the case if you are administering an estate where there are significant amounts of money involved, or where there is any uncertainty or ambiguity in the Will. Also, if you are dealing with insolvent estates, where the debts outweigh the value of the estate, it can make it a time-consuming and complicated process. 

At GloverPriest, we provide friendly and transparent legal advice. If you would like further advice on probate, please don’t hesitate to speak to one of our expert lawyers today.  Complete our enquiry form.