Does every estate need a grant of probate?

However, a grant of probate is not essential for all estates. A wills and probate solicitor can advise you whether one is needed for a particular estate. The general rule is that if the estate is only small in value and not complex, you do not need a grant of probate. Thus, if there is no property, shares or investments owned by the deceased, you may not need to obtain a grant of probate.

Usually, if less than £5,000 is held in an account with an organisation, the organisation should be willing to release it upon being provided with a copy of the deceased person's will. However, it is up to the organisation to make this decision based upon its own policies. If the organisation refuses to release the assets, you will have to obtain a grant of probate. Usually, if the organisation does release the assets, they will need you to sign an indemnity form to cover them if the money was paid out incorrectly.

Regardless of whether you can access the deceased person's assets, you should consult a wills and probate solicitor to ensure that all aspects of the deceased person's estate have been taken into account. For example, there may be debts to private or public organisations which you were not aware of and which need to be settled before the remaining assets of the estate can be distributed.

And, the estate may need to be assessed for taxation liabilities, including Inheritance Tax. A wills and probate solicitor will be able to look into all of these factors with ease, saving you the time and hassle. If you are an executor of a will, you are entitled to use the assistance of a professional such as a solicitor to administer the estate.

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