What Is Probate and When Is It Required?

LifeRegistry
August 12, 2026

After someone dies, their family may need legal authority before they can manage certain property, money or possessions belonging to the deceased. In England and Wales, this authority is commonly referred to as probate. It allows the person responsible for the estate to deal with assets, settle outstanding responsibilities and eventually distribute what remains to the appropriate beneficiaries. However, probate is not required for every estate. Whether it is needed depends on the assets involved, how they were owned and the requirements of individual banks or financial organisations. Understanding what probate is and when it is required can help families know what steps may need to be taken after a death. Keeping wills, financial records, property information and other important documents organised can also make the process easier for the person responsible for managing the estate.

When Is Probate Usually Required?

Understanding Legal Authority

In England and Wales, probate may be needed when the person who died owned significant assets in their sole name, such as property, investments or money held with financial institutions. Banks and other organisations may ask to see a grant before allowing an executor or administrator to access or transfer certain assets. Probate may not always be necessary where assets were jointly owned and automatically pass to the surviving owner, or where an organisation agrees to release smaller amounts without a grant. Because each financial institution can have its own requirements, the person dealing with the estate should contact the relevant organisations before applying. Establishing what assets exist and how they were owned is therefore an important early part of estate administration.

“Men and women both have an appointed share in what parents and close relatives leave behind.”

Surah An-Nisa (4:7)

Who Can Apply for Probate?

Knowing Who Applies

Where there is a valid will in England and Wales, the executor named in it can normally apply for probate. If there is no will, an eligible close relative may instead apply to administer the estate.The process is different elsewhere in the UK. Scotland uses a legal process called confirmation, while Northern Ireland follows its own probate procedures. Families should therefore follow the rules that apply in the relevant jurisdiction.