Is a Grant of Probate necessary?

Sometimes it is not necessary to obtain a Grant of Probate from the Court.  Consider the areas below and decide if you still need to apply for a Grant.

Grants are not usually needed in the following circumstances set out below.

Estates Less Than £5,000

If the total net value of the estate is less than £5,000 then the estate is regarded as a “small estate” and can often be administered and distributed without the need to apply for a Grant of Probate (if there is a Will) or a Grant of Letters of Administration (if there is no Will) from the Probate Courts. In this case a Grant of Probate is not necessary.

Jointly-Held Assets

Jointly-held assets, such as joint bank or building society accounts or even jointly-held property, will normally automatically pass to the surviving joint owner on death so these assets will be excluded from the deceased’s estate and a Grant from the Probate Court will not be necessary.

Organisations Own Policies And Procedures

Organisations such as banks and building societies, National Savings and insurance companies often have their own procedures in place when dealing with small estates.  Small sums of money of up to £30,000 can often be paid and distributed from various institutions without the need to produce a Grant.  However, different organisations have their own rules and sometimes a Grant of  Probate is necessary and they may insist on a Grant being obtained from the Probate Court.

Cash Jewellery And Personal Belongings

Cash, jewellery and personal effects of little or insignificant value can also be distributed , so long as all the beneficiaries agree and a grant of probate is not necessary.

Assets Written In Trust

Sometimes assets are “Nominated” or “Written in Trust” to a named beneficiary, in which case the asset might be excluded from the estate and payable directly to the named beneficiary.  The beneficiary can usually claim the asset or money directly from the organisation and a Grant from the Probate Courts will not be necessary.

Using Solicitors

Please remember that at any time, you can simply delegate the task of sorting things out to a firm of Solicitors, such as ourselves, who will deal with as much as you want on your behalf. Therefore, you can be relieved of any of the stress, hassle and worry of dealing with the administration of a loved one’s estate by yourself.