Why do some people need probate & others don't

Last Verified November 2026: England & Wales

“My neighbour died and his estate needed probate. But when my parents died, we didn’t need it. Why?”

When people know you write Wills, questions sometimes crop up outside work too. At a family barbecue, someone asked me this very question. The conversation went something like this…

It depends on what each person owned, how they owned it, and what evidence is needed before anyone can hand it over. A grant of probate is an official document proving who has authority to deal with the estate, meaning the money, property and possessions someone leaves behind.

“But if there’s a Will, surely that tells everyone what to do?”

It tells them a great deal. But imagine you’re behind the bank counter for a moment. Someone comes in and says, "My mum’s died. Can you transfer her savings to me? Don’t worry, I’ve got her Will!"

“Well, I’d want to see it.”

Of course. So they hand it over. Now what are you looking at?

“Whether it says they get the money?”

That’s one question. But how do you know it’s a genuine Will? Whether it’s legally valid? Whether there’s a later one sitting in a drawer somewhere?

Even an entirely genuine Will might have been replaced. A document can look convincing without being something the bank should rely on.

If you’re working for the bank, you can check someone’s identification and follow the bank’s procedures, but you’re not there to decide difficult questions about whether a Will is legally valid. Simply reading it doesn’t settle those questions.

And that’s where probate comes in. The executor, or a professional acting for them, submits an application with supporting documents, normally including the original Will. The Probate Service reviews it and can ask for more information. If the application is approved, a grant of probate is issued.

The executor can then show the grant to the bank. The bank now has an official court document proving the authority of the executors named on it. It has something more to rely on than a Will someone has brought to the counter.

That process cannot guarantee that no hidden later Will exists or that nobody has been dishonest. A grant can still be challenged. But it provides formal legal proof, rather than expecting each bank or other organisation to settle those questions for itself.

“So it proves who gets the money?”

It proves who has authority to deal with the estate. That’s slightly different.

The person inheriting (benefitting) is called a beneficiary. The person executing the orders of the Will (making it happen) is the executor and has the job of gathering the assets, settling what’s owed and distributing what remains. The same person can be both, but those are different roles.

The Will names the executors and gives them their authority.

The grant (probate) formally proves that authority. Being someone’s son or daughter, or being left money in their Will, doesn’t by itself make you their executor.

“Right. But my parents’ bank didn’t ask for probate.”

And that can be perfectly normal. Banks have procedures for releasing some balances without a grant. They still need evidence and paperwork, but they don’t insist on probate in every case.

Think about £5,000 compared with £50,000 or £70,000. If money goes to the wrong person, the amount at risk is very different. That helps explain why the balance matters, although it isn’t the only thing a bank considers.

“So where’s the line? Fifteen thousand? Twenty?”

There isn’t one figure that works for every bank. One organisation may require a grant where another would release the same amount without one. Their rules and the circumstances both matter.

Actually, having a Will can make things easier here. First direct, for example, will normally release more money without needing probate if the person who died left a Will. Without a Will, the amount it will normally release without a grant is lower. It can still ask for a grant depending on the circumstances, but that’s another practical benefit of having a Will.

"Hang on. If the bank’s waiting for probate, how does anyone pay for the funeral?”

A bank can often pay the funeral director directly from the person’s account before probate, provided there’s enough money. It can see the bill and where the payment is going. That’s rather different from handing over the whole balance for someone to distribute.

”Oh, I see. They’re paying a particular bill.”

Exactly. The same question about authority comes up with a house. 

Suppose your mum owned her home in her sole name, with that ownership recorded at HM Land Registry, and left it to you in her Will. You couldn’t simply say, “It’s mine now, please put my name on the property records.”

The executor would normally need a grant before the house could be transferred to you or a sale completed. There would still be legal work to do for the transfer. The grant doesn’t change the ownership record by itself.

“But when Dad died, Mum didn’t need probate for their house.”

They may have owned it as joint tenants. That’s a form of joint ownership where the home passes automatically to the surviving owner. You don’t need probate for that to happen.

“And their joint bank account?”

Money in a joint account usually passes to the surviving account holder too.

“So because they were married…”

It’s the way they owned those assets that matters here. Being married doesn’t automatically remove the need for probate. Your dad could also have had savings or investments in his own name that required a grant, even though the house and joint account passed to your mum.

That is why comparing two families can be misleading. 

From the outside, both may look much the same: a home, some savings and a Will. But one person’s home might have been jointly owned, while the other owned theirs alone. Their savings might have been held with different banks, with different requirements.

And inheritance tax is a separate question. An estate can need probate even when there is no inheritance tax to pay.

“What happens if there isn’t a Will?”

If a grant is needed, it’s usually called letters of administration. That gives the person appointed as administrator authority to deal with the estate. There are legal rules about who can take on that role.

“I’d always thought probate was just another expensive bit of paperwork.”

I understand why. When you’re already dealing with a death, more paperwork and waiting can be frustrating. But imagine it was your savings. You’d want the bank to have proper evidence before handing them to someone else.

Obtaining the grant doesn’t mean the whole estate has been sorted out. Collecting assets, paying debts and passing on inheritances are all part of the wider work of estate administration.

But the reason for probate becomes easier to understand once you put yourself on the other side of that counter.

Someone has asked you to hand over another person’s money. 

"How do you know they have the authority to deal with it?"

If you need professional help with an estate, Fern can arrange an introduction to an appropriate external specialist. Our Probate and Executor Support article explains the help available.

England and Wales. This article is general information only, not individual advice.