We are seeing a number of instances when a Grant of Probate should not, strictly speaking, be needed – but it is being asked for.

So, we thought it would be useful to consider when probate is needed and when it isn’t.

What is probate?

When someone dies their estate (i.e. their money, property and possessions) needs to be dealt with by the executor named in their Will.

The executor needs to obtain the necessary legal permission to do this – which is known as a ‘Grant of Representation’ or ‘Grant of Probate’.

(Click here to see what to do if there is no Will.)

Is probate always needed?

You will typically need to apply for probate if the:

When don’t you need probate?

You will normally not need probate if the estate:

However, these guidelines are not necessarily followed by everyone you deal with in matters of probate – frustratingly.

When it gets confusing

There are a number of cases where banks and insurance companies are insisting on seeing Letters of Administration / Grant of Probate – even though they are not, strictly speaking, required.

We see cases where a surviving spouse could dispute the matter with the particular financial institution. However, this would be time-consuming and cause them more stress.

Instead they have found it easier just to pay us to get the Letter of Administration or Grant of Probate on their behalf. (This service costs £575 with Clarke Bell Probate Services Limited.)

They are then able to get on with the probate process.

Help with probate

Get Probate are non-contentious probate practitioners, so we can take care of the probate process on your behalf.

We can either help with you just getting the Grant of Probate, or with the whole Probate process. You will remain the Executor of the Will throughout the process.

We are Accountants, not solicitors – and we provide an affordable and speedy probate service for clients throughout England and Wales.

For more information on probate, contact us on 0161 907 4044 or [email protected]