UKWhat is probate and when is it needed?
Probate is the legal process of proving a will and appointing executors to administer a deceased person’s estate; it is needed when the deceased owned assets in their sole name that require formal authority to transfer or sell.
What the Law Says
The Administration of Estates Act 1925 sets out the legal framework for handling estates after death, including who can administer them and how assets are distributed when there is no valid will (intestacy). Probate itself is not defined in statute but is the practical court process governed by this Act and the Non-Contentious Probate Rules.
Probate is the official confirmation — granted by the Probate Registry — that a will is valid and that the named executors have the legal authority to manage the deceased’s estate. This includes collecting money, selling property, paying debts and taxes, and distributing what remains to beneficiaries.
If someone dies without a will (intestate), their estate is administered under the rules in the Administration of Estates Act 1925. In that case, close relatives apply for ‘letters of administration’ instead of probate — but the process is very similar.
Whether probate is needed depends on the type and value of assets held solely in the deceased’s name. Banks, building societies, and property registries usually require a grant of probate (or letters of administration) before releasing or transferring assets above a certain threshold — often around £5,000.
Statutory Text— Administration of Estates Act 1925, s. 1 — c. 23
What to Do
Check whether the deceased left a valid will and identify the named executors.
Value the estate — list all assets and debts — to determine if probate is required.
Apply for a grant of probate (if there’s a will) or letters of administration (if there’s no will) via the GOV.UK online service or paper form.
Once granted, collect assets, pay debts and Inheritance Tax (if due), then distribute the estate to beneficiaries.
Keep full records and file final estate accounts with beneficiaries.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.