Do you need probate if your spouse dies?

Do you need probate if your spouse dies?

Regardless of whether your husband or wife has passed away, probate may be more necessary in some cases.

This includes if your spouse:

• Owned assets solely in their name (such as bank accounts, ISAs, and shares)
• Owned property solely in their name (or owned as tenants in common)
• Owned an estate in excess of the threshold set by the banks

Whether you want to prepare in advance, or actively avoid probate, the experienced team at Freeman Jones answers some of the most frequently asked questions.

Who doesn’t need to apply for probate if their spouse dies?

According to the latest government guidance on applying for probate, you may not need to apply for probate in the event that your spouse dies if the following applies to them:

• Your spouse only had savings
• Your spouse jointly owned shares or money
• Your spouse owned land or property as joint tenants with others
• Your spouse solely owned assets below the probate threshold

What is the threshold for needing probate in the UK?

Probate thresholds vary in England and Wales.

This is because they’re determined by the policies of individual financial institutions, such as banks and building societies. Generally, they’re somewhere between £5,000 and £50,000.

If your deceased spouse owned an estate in excess of a specific threshold, you’ll require a formal grant of probate or letters of administration (if the deceased left no valid will) before money or assets can be released.

Can I access my spouse’s bank account without probate?

Whether you can legally access your deceased spouse’s bank account without probate depends on the type of account ownership.

For jointly held bank accounts, surviving spouses will be granted access without probate as they automatically inherit this money.

To update an account to reflect the new sole ownership following a deceased spouse’s death, the bank or building society should be notified and sent a copy of the death certificate.

Conversely, solely held bank accounts tend to require a formal grant of probate or letters of administration unless the funds don’t meet the bank’s probate threshold.

Is probate necessary if everything was jointly owned?

Generally, probate isn’t necessary in the UK if all assets are jointly owned by the deceased and their surviving spouse.

This is because it’s common for married couples to jointly own the majority of their assets, including property, vehicles, bank accounts, and investments, and due to the ‘right of survivorship’, these assets will be automatically passed to the surviving owners unless alternative plans have been made.

Do you avoid probate if your spouse has a will?

No, as the need for probate is determined by the assets and how they were owned, the presence of a valid will doesn’t have an impact on whether or not probate is required for your spouse’s estate in the UK.

Is probate required if your spouse didn’t leave a will?

Similar to how the presence of a will doesn’t automatically mean you avoid probate; the lack of a will doesn’t automatically mean your estate will go through probate either (this process is more accurately known as letters of administration when there’s no valid will).

Like probate, the need for letters of administration heavily depends on the deceased spouse’s assets, how they were owned, and the value of their estate.

Receive 20 minutes of free legal advice

While the legal right to deal with someone’s estate when they die isn’t always necessary when your spouse passes, knowing what to expect if the worst does indeed happen can make navigating this legal process significantly easier

Need a helping hand during this difficult time? At Freeman Jones, we understand exactly how daunting and stressful this process can be without the right support. That’s where we can help.

Our team of specialist wills and probate solicitors can offer expert legal guidance on every aspect of these processes – from will writing to resolving disputes and claims against your spouse’s estate.

Probate, in particular, can be a long, complex, and tiring process, especially when you’re grieving the loss of your beloved spouse. Allow our team to do the hard work for you.

If you’d like to arrange your free, no-obligation, 20-minute consultation with an experienced member of our Chester, Liverpool, Warrington, or Wrexham-based team, feel free to reach out today.

Simply dial 01244 506 444 to start a conversation or if now isn’t a good time, email your enquiry to info@fjsolicitors.co.uk.