Do I Need Probate If There Is a Will?

The short answer is: it depends - not on the will itself, but on what assets the estate contains. Having a will does not automatically mean probate is required. Equally, having a will does not remove the need for probate. What matters is the type and value of assets the deceased owned. This is one of the most common points of confusion for executors, and it is worth understanding clearly before you take any steps.

The common misconception

Many people assume that because the deceased left a will, the family can simply follow its instructions without needing to go to court. Others assume the opposite - that a will always triggers a formal legal process. Neither is correct.

A will is a document that sets out the deceased's wishes: who should administer the estate (the executor) and who should receive what. But the will does not, by itself, give anyone the legal authority to transfer assets, sell property, or access bank accounts. That authority comes from the Grant of Probate - a court-issued document that confirms the will is valid and that the named executor has the legal right to act.

Whether you need to obtain that grant depends entirely on the assets involved.

When probate IS needed even with a will

If any of the following apply, you will almost certainly need to apply for probate regardless of whether a will exists:

• Sole-name property: If the deceased owned a house, flat, or any other property solely in their own name, HM Land Registry will require a sealed Grant of Probate before it will record a transfer of title. This is the single biggest trigger for probate.
• Bank accounts above the institution's threshold: If any bank or building society account holds a balance above that institution's probate threshold (typically £25,000–£50,000 for most high-street banks), a grant will be required before funds are released. The bank probate thresholds guide explains how these work.
• Shares and investments held in a sole name: Investment platforms and share registrars almost always require a grant before they will transfer or sell holdings.

When probate may NOT be needed even with a will

If the estate is straightforward enough, probate may not be required even if there is a will:

• Small estate: If the total estate value is modest and all accounts are below their individual bank thresholds, banks may release funds on sight of the death certificate alone.
• All assets jointly held: If everything of value was owned jointly as joint tenants - which is common for married couples - those assets pass automatically to the surviving partner by survivorship, without needing a grant.
• Assets that pass outside the estate: Life insurance written in trust, pension death benefits, and jointly held assets all pass directly to named beneficiaries and are not controlled by the will at all.

In these circumstances, the will is still useful - it confirms your authority and sets out how any remaining assets should be distributed - but you may not need a formal grant to administer the estate.

Estates without a will still often need a grant

The mirror of this point is also worth noting. If someone dies without a will - known as dying intestate - the estate may still need a formal grant from the Probate Registry. In this case, the grant is called Letters of Administration rather than a Grant of Probate, and it is issued to an administrator (usually the next of kin) rather than an executor. The need for the grant still depends on the same factors: property, bank balances, and investments. For more on this, see probate without a will.

What the will actually does

It helps to be clear about what a will can and cannot do:

• A will names the executor - the person responsible for administering the estate. But it does not automatically give that person the legal authority to act. That comes from the grant.
• A will sets out the deceased's wishes - who should receive what, whether there are specific gifts, who should act as guardian for any children. It is the instruction document.
• A will does not transfer assets - it tells you who should receive them, but the actual transfer requires the executor to have legal authority, either through a grant or (for small estates) by agreement with each institution.

Think of it this way: the will gives instructions; the grant gives authority to carry them out.

Grant of Probate versus Letters of Administration

The type of grant issued by the Probate Registry depends on whether a will exists:

• Grant of Probate - issued where there is a valid will and a named executor is applying. The grant confirms the will is valid and authorises the executor to act.
• Letters of Administration - issued where there is no will, or where there is a will but no executor is able or willing to act. The administrator is typically the next of kin in a set priority order defined by the intestacy rules.

Both grants have the same practical effect: they give the holder legal authority to collect assets, pay debts, and distribute the estate. The name differs depending on the circumstances.

A practical conclusion

Before assuming that probate is or is not required, work through the actual assets in the estate. The checklist in the do I need probate? guide takes you through this asset by asset. The key questions are:

1. Did the deceased own property in their sole name?
2. Did they have bank accounts above the individual bank's threshold?
3. Did they hold shares or investments in their sole name?

If the answer to any of these is yes, probate is almost certainly required - with or without a will. If the answer to all three is no, there is a reasonable chance you can administer the estate without a formal grant.

Use the free assessment to check your specific situation rather than relying on general assumptions about what the will does or does not require.