Do You Need Probate if There Is a Will?
It’s a question we hear often – do you need probate if there is a will? Many people assume that a will automatically means probate isn’t needed. In reality, it’s not quite that simple.
Having a valid will does help, of course. It makes the process clearer, often smoother. But it doesn’t remove the need for probate altogether. The key question isn’t whether there’s a will – it’s about what the deceased owned, how much it was worth, and how those assets were held.
So, let’s go through it properly.
What Probate Actually Does (With or Without a Will)
Probate gives someone the legal authority to carry out the wishes set out in a will – or, if there’s no will, to follow the rules of intestacy. That authority comes in the form of a Grant of Probate if there is a will, or Letters of Administration if there isn’t.
Even when the will names an executor, that person still needs the court’s formal permission before they can act on behalf of the estate. Probate is what makes that happen.
Think of the will as the instruction manual. Probate is the court’s stamp saying, yes, these instructions are valid, and this person has the right to follow them.
When Probate Is Likely Required – Even If There’s a Will
Having a will doesn’t always mean you can skip probate. You’ll likely need it if:
- The deceased owned property or land in their sole name
- There are substantial assets in their sole name, such as savings, shares or investments
- A bank or institution asks for probate before releasing funds – many do, especially for amounts over £15,000 to £50,000
- The estate includes complex financial arrangements (e.g. business assets, foreign investments)
Each case is different. Some banks are stricter than others. One may release £20,000 without a Grant of Probate, another may require it for £10,000. It’s frustrating, but that’s how it works.
If there’s any real value in the estate, or any property involved, probate is usually part of the picture – regardless of whether a will exists.
When You Might Not Need Probate
There are situations where probate might not be necessary, even with a will in place. For example:
- If all assets were jointly owned, they typically pass automatically to the surviving owner
- If the estate is very small – think under £5,000 – and institutions are happy to release the funds without probate
- If the only assets were insurance policies or pensions that name specific beneficiaries
In these cases, the executor named in the will can carry out their role informally – because there’s nothing requiring legal authority to unlock.
That said, it’s still important to check with each institution before making assumptions. Some may ask for probate even for modest sums, particularly if they’re risk-averse or if the account’s been untouched for years.
Why Probate Still Matters – Even When You Think You Don’t Need It
Here’s the issue: without a Grant of Probate, you may not be recognised as the legal authority to act on behalf of the estate. That can slow things down. Sometimes, it can halt everything entirely.
Let’s say there’s a house to sell. If it was owned solely by the deceased, the Land Registry won’t allow the transfer without probate. Or maybe you’re dealing with investment accounts – again, those firms will often require formal documentation.
It’s also worth noting that probate protects you as an executor. Once granted, it confirms your legal authority and gives you a clear framework to work within. If disputes arise – and sometimes they do – it’s harder to challenge decisions made under an approved probate order.
So Why Write a Will at All, Then?
Some might be wondering – if probate is still needed, what’s the point of a will?
The answer is certainty. A will makes it much easier to get through the probate process. It tells the court who the deceased wanted to act as executor, and how they wished their assets to be divided.
Without a will, everything is handled under England and Wales’s intestacy rules – which may not reflect the person’s actual wishes. Family members might have to apply to become administrators, and distribution follows a strict formula.
A valid will doesn’t eliminate probate, but it makes the whole journey clearer and more manageable.
If you’re thinking about putting your own will in place, our expert advisors for will preparation can guide you through every step.
Do You Always Need a Solicitor for Probate?
No – not legally. But in practice? It depends on how complicated things are.
If the estate is large, if it involves property, multiple bank accounts, or inheritance tax… then yes, it’s often a smart move to get professional support. A solicitor can help you:
- Navigate the paperwork
- Avoid common delays
- Ensure tax is calculated and paid properly
- Deal with any disputes or unexpected issues
There’s also the peace of mind that comes from knowing everything’s being done correctly.
If you’re unsure where to start, take a look at our comprehensive guide to Probate – it covers the key steps, common pitfalls, and when to seek help.
Final Thoughts
Having a will doesn’t necessarily mean you won’t need probate. The two things are related – but one doesn’t cancel out the other.
The real question is about the assets. What’s in the estate? How is it held? What will the banks or institutions require before releasing it? That’s what drives whether probate is needed, not just whether a will exists.
At Ash Hill Solicitors, we work with families every day to help them understand their role, navigate the system, and manage the legal process with clarity. Whether you’re administering an estate or writing your own will, we’re here when you need us.
Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and an experienced probate solicitor with over 10 years in private client law. She specialises in wills, estate administration, powers of attorney, and inheritance planning. Known for her calm, compassionate approach, she guides clients through sensitive matters with clarity and care.
Nasreen is also a civil and commercial mediator, committed to resolving disputes efficiently and constructively. She is fully accredited and listed on the Solicitors Regulation Authority (SRA) register.
Outside of work, she’s a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children across the globe.
