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Sarah Pennells
Consumer Finance Specialist

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What is probate and do you need it?

Published  12 February 2026
   5 min read

When someone dies there is a list of things that need sorting out, from registering the death to organising the funeral. You may have been told that you need to get probate, but what is it and do you always have to get it?

What is probate?

Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die. A will tells you who should get what when someone dies, but to access the money left by the person who died or transfer possessions or property to the right people, you will usually need to apply for legal authority to do so.

In England, Wales and Northern Ireland the proper name for this process is ‘applying for a grant of representation’ but it’s often just referred to as ‘getting probate’. In Scotland the process is called 'confirmation'.

The document received acts as proof of legal authority to deal with everything owned by the person who died. If you are the executor or administrator (which means you have the right to deal with the assets of the person who died) you can then send this document to all the organisations the deceased had assets with. They will then transfer the money or property to the executor or administrator so they can pay off any debts and distribute the rest to the people named in the will.

Who applies for probate?

If the person who died left a will, then it will be the executors named in the will who apply for probate (or confirmation in Scotland).

Executors are the people who are legally responsible for sorting out the estate of the person who died (that’s their property, money and possessions). This means they need to make sure any taxes and debts are paid, gather in any money that’s owed to the person who died and then transfer this and any property or possessions to the people named in the will.

  • If there is a will but there aren’t any executors named in the will or they are unwilling or unable to act, then an adult who is due to inherit under the will can apply to become an administrator. The administrator’s role is largely the same as an executor’s role.
  • If there’s no will relatives who are entitled to inherit can apply to be an administrator but there is an order of priority which dictates who can do this. In this situation, if your partner dies and you are unmarried or not in a civil partnership, you won’t normally be able to take on the administrator role.
  • In Scotland if there are no named executors or there is no will, an executor dative is appointed. This will normally be the surviving spouse or civil partner. If not, another person entitled to inherit from the estate may be able to apply.

When is probate needed in England and Wales?

Probate isn’t always needed.

Here are some situations when it may not be needed:

  • If the person who died just left small amounts in the bank or small value insurance policies and some personal possessions.

Banks, building societies and insurance companies will release certain amounts of money without a grant of representation. Each organisation has its own rules, so you will need to check with each one. Some banks will now release up to as much as £30,000 or even £50,000 without seeing a grant of representation.

  • If you and your spouse or civil partner owned your property as joint tenants and everything else in joint names and one of you dies.

In this case everything passes to the surviving spouse automatically without probate. But be aware that if the person who dies owned anything in his or her sole name then you may need probate for those particular assets.

Owning something as joint tenants means the survivor automatically inherits from the person who dies first. Married couples and civil partners usually own property as joint tenants.

And here are some situations when you will always need probate:

  • If the deceased owned a property in their sole name or as tenants in common with another person.

Tenants in common is a particular type of joint ownership where two or more people hold distinct shares in something – often a property – and each can pass their own share to whoever they like under their will. If you’re unsure whether this applies, get legal advice.

  • Where banks and any other financial institutions require a grant of representation.

Each organisation has its own rules about when it will require a grant of representation before releasing or transferring the deceased’s assets.

When is probate needed in Northern Ireland?

Generally, you'll need to get probate.

You won’t need probate in some circumstances, such as:

  • If the estate is small (with a total value of less than £20,000) unless it’s required by one of the organisations with which the deceased had assets; or
  • Where there is joint ownership. You also won’t need probate if the person who died owned everything jointly with someone else and everything passes automatically to the surviving joint owner.

When is confirmation needed in Scotland?

Generally, you'll need to get confirmation.

You won’t need confirmation in some circumstances, such as:

  • If the estate is small (with a total value of less than £36,000) unless it’s required by one of the organisations with which the deceased had assets; or
  • Where there is joint ownership. You also won’t need confirmation if the person who died owned everything jointly with someone else and everything passes automatically to the surviving joint owner.

How to apply for probate and what does it cost?

There are different ways to apply for probate or confirmation and how you apply and how much it costs depends on;

  • where you live in the UK
  • what size the estate is
  • if there is a will.

The process and the most up to date fees for probate and confirmation can be found here;

For estates which are larger and when probate is needed, it’s a good idea to instruct a solicitor. It’s important to know that these fees don’t include any fees you may need to pay if you have instructed a solicitor to help you or there are costs involved in selling property or assets. The solicitor can give you information on these costs.

Looking for more information?

The guides below can offer you some extra information:

Do you need extra support?

Have you lost someone and it’s impacting you financially? Do you need some guidance on what you need to think about? You can get in touch and we’ll help you find the right assistance based on your needs.

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