What is Probate and Do I Need It?

If you’ve recently lost someone close to you, you’re probably hearing the word “probate” a lot – but what does it actually mean, and do you need to go through it?

Let’s break it down.

What is Probate?

Probate is the legal process of dealing with someone’s estate after they die. That includes sorting out their money, property, belongings, and any debts they may have left behind.

If the person had a will, probate is the process of proving that the will is valid and giving the named executor the legal authority to carry out the person’s wishes.

If there’s no will, a close relative will usually need to apply for something called Letters of Administration, which works in a similar way.

Do I Need Probate?

You might – but not always.

Here’s when you’re likely to need probate:

  • The person owned a house or flat in their sole name
  • They had significant savings or investments
  • Their bank or pension provider says probate is required before releasing funds

And here’s when you might not need probate:

  • Everything was owned jointly (e.g. with a spouse or partner)
  • The estate is very small (usually under £5,000–£10,000)
  • The person had very little in their name

Every case is different, and sometimes it depends on the policies of the institutions involved (like banks or insurance companies).

How Do You Apply for Probate?

The application can now be done online through the government’s probate service.
You’ll need to:

  • Fill in some basic details about the person who died
  • Submit the original will (if there is one)
  • Provide a rough estimate of the estate’s value
  • Pay a fee (currently £273 for estates over £5,000)

It’s completely legal – and often straightforward – to apply for probate yourself.

However, many people choose to use a solicitor. This can be helpful in complex cases, but in straightforward situations, traditional law firms often charge far more than necessary – sometimes thousands of pounds for work you could handle yourself or with a bit of guidance.

Who Applies for Probate?

If there’s a will, the executor(s) named in it apply for probate.

If there’s no will, the next of kin (usually a spouse or adult child) applies for Letters of Administration.

Need Help Figuring It Out?

It’s completely normal to feel unsure – probate can be confusing, especially during an already difficult time.

If you’re not sure whether you need probate or what to do next, we can help.

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