Colin Freeman of Freeman Jones Solicitors answers the question “Do you need a probate if there is a will?“
Losing someone close to you is never easy, and dealing with legal paperwork can feel like an added burden. One of the biggest questions people ask us is: “Do I need probate if there is a will?” The truth is, having a will doesn’t always mean probate can be avoided. Whether probate is needed depends on factors like the value of the estate, how assets are owned, and the requirements of banks or financial institutions. This guide breaks everything down clearly so you’ll know exactly what steps to take next.
If you’re unsure about probate, contact our wills and probate solicitors for clear, professional guidance. Call Freeman Jones Solicitors on 01224 506 444 or email us at info@fjsolicitors.co.uk
When Is Probate Needed?
- Probate is generally required for estates valued at more than £5,000 in the UK.
- If all assets are solely in the deceased’s name and exceed the limits set by financial institutions, probate is typically required, even if there is a valid will.
Who Decides if Probate Is Required?
- Financial institutions (banks, building societies, etc.) set their own probate thresholds.
- Some institutions may release funds without probate for estates under a certain amount, but this varies; always check with each institution.
Does Having a Will Matter?
- Yes, having a will appoints an executor.
- No, it does not automatically remove the need for probate if the estate exceeds the threshold or if assets are held solely.
Who Typically Applies for Probate?
- Usually, the named executor in the will applies.
- If no executor is named, the nearest living relative (spouse, civil partner, or adult child) can apply under the UK’s Rules of Intestacy.
What If the Estate Is Small or Jointly Held?
If the estate is under £5,000 and/or assets are jointly owned (so pass automatically), probate may not be needed.
Quick Reference Table: Probate Requirements
| Situation | Probate Required? | Notes |
|---|---|---|
| Estate > £5,000 | Yes | And assets are solely in the deceased’s name |
| Estate ≤ £5,000 | Usually not | Especially if institutions permit release without probate |
| Assets held jointly or pass by right of survivorship | Usually not | Jointly owned assets often bypass probate |
| Banks/building societies with low thresholds | Case-dependent | Thresholds vary, always check with the institution |
Do You Need Probate Support? Here’s How We Can Help
Expert Legal Guidance
- Clear, jargon-free explanations from experienced wills and probate solicitors.
Local Offices for Personal Support
- Solicitors available in Chester, Liverpool, Warrington, Wrexham, Manchester, and Cheshire.
Free 20-Minute Consultation
- Call 01244 506 444, email info@fjsolicitors.co.uk
- Or complete the online contact form to book your no-obligation session.
What to Do If You Need Probate
- Check the estate’s total value and whether assets are held solely or jointly.
- Contact financial institutions to confirm their probate requirements.
- Consult Freeman Jones Solicitors – book your free 20-minute consultation today to clarify your situation and get expert help.
Do I Need Probate If There Is a Will? – Summary
- Having a will doesn’t automatically exempt you from needing probate.
- Probate is usually required if the estate exceeds £5,000 or contains assets solely in the deceased’s name.
- Jointly held assets or small estates might avoid probate.
- Financial institutions can have differing thresholds, so contacting them is essential.
Freeman Jones Solicitors can guide you through the process with clarity and support – get in touch today.
