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Probate - do I need it ?
Clearing the Legal Roadblocks: What is Probate?
When a rider passes away, their gear, property, and cash can’t just be handed over. The government puts up a legal roadblock. Probate (called Confirmation in Scotland) is the official paperwork your Executors need to clear that roadblock and legally distribute your estate.
What is a Grant of Probate?
Think of a Grant of Probate as a legal passport. It gives your chosen Executors the official authority to handle your business—dealing with your assets, paying off any outstanding debts, and handing over your wealth to your pack.
While people often use the word "probate" to describe the whole process of sorting out an estate, it's actually just the specific key needed to unlock your assets. Probate isn’t always required, but winding down an estate always has to be done.
When Do You Have to Face the Checkpoint?
Whether or not you have a Will doesn't determine if probate is needed. It all comes down to whose name is on the paperwork.
Probate is usually mandatory if you owned property, land, or bank accounts strictly in your own name. Without that Grant of Probate, the banks and land registry will lock down the assets, meaning your family can't sell the house or access the cash.
You can usually bypass probate if:
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Everything is jointly owned: If your house or accounts are held jointly, ownership automatically rolls over to the surviving partner.
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It’s just cash and personal gear: If there's no real estate and the estate is mostly cash and personal possessions.
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The estate value is low: Small estates can often bypass the red tape entirely.
The Cash Threshold: How Much Triggers Probate?
There’s no single rule for how much money triggers probate—it depends entirely on which banks you hold your cash with. Every financial institution sets its own limits, and they can change the rules whenever they want.
Typically, banks require probate for amounts anywhere between £5,000 and £50,000. If the balance is above their limit, they won't release a penny to your family without that official Grant of Probate. The best move is always to have a professional check the specific limits with your banks ahead of time.
The Probate Process
Who has to deal with Probate
When the deceased has left a Will, they should have appointed an Executor to administer the estate, including obtaining probate (if required). There may be more than one Executor administering the same estate, but only one needs to apply for the Grant.
How much does a Probate Solicitor cost?
Probate Solicitors’ fees are sometimes calculated from a percentage of the estate, generally between 1-5% plus VAT and the probate fee. Other Solicitors may charge an hourly rate, meaning that you only pay for the work that is completed. This can be more difficult to predict, as unexpected delays could mean your fee increases. Some may charge a fixed fee that varies depending on the estate’s size and complexity.
Can a beneficiary be an Executor?
Yes, the Executor of a Will can be a beneficiary of the estate; it’s very common for the lead Executor to be the main beneficiary, but they should expect a complicated legal process that may require a lot of time and extensive paperwork. There are a lot of risks and responsibilities.
Personal Liability
As the Executor or Administrator dealing with the estate, you are financially and legally responsible for any errors that are made, regardless of whether they are entirely innocent or not. Your duties include:
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Locating all assets and liabilities, a lot of this may be hidden in online accounts (passwords can be a nightmare)
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Obtaining up to date values to complete Tax forms accurately without omissions
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Correctly Interpreting the Will. A Will is a legally binding document full of Jargon
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Inform property insurance providers. All properties that were solely owned by the deceased must be insured in the name of the executors of the estate.
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The Executor(s) are legally responsible for the money, property and possessions of the estate, its not unusual for beneficiaries to help themselves! This is illegal before Probate is granted.
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It is very common for an Executor to be a Trustee. As a Trustee there are additional responsibilities
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Where the will specifies setting up of a trust, it is the executors responsibility to set up the Trust
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The Executor(s) must ensure ensure the Inheritance Tax is paid within six months or interest will be charged
Can I get help at a more reasonable cost?
Yes, we have some excellent partners who can take on the whole process and relieve you of responsibility without the the usual high cost. For more information contact us or click on the link to Kings Court Trust.
