Is probate always required?

In England and Wales

The personal representatives will not usually need to make an application for a grant of representation if the whole estate passes to the deceased person’s surviving spouse or civil partner because it was held in joint names (for example a bank account) and it doesn’t include land, property or shares.

Normally, banks and building societies will be prepared to pay the money to the person or people entitled to receive it without seeing the grant of representation if the account held with them contained less than £10,000.

You will need to contact the bank or building society and inform them of the situation. At the least they are likely to ask to see a copy of the death certificate which you will have after the death has been registered. The deceased’s estate can then be distributed immediately.

In Scotland

The executors will not need to apply for a grant of confirmation (this is the Scottish equivalent of the grant of representation) if everything the deceased person owned was held in joint names with their surviving spouse or civil partner or if the estate only consists of accounts with banks or building societies that are prepared to pay the money to the person or people entitled to it without seeing the grant.

This usually only occurs if the estate is a ‘small estate’ meaning that it has a total (or gross) value of up to and including £36,000. In this case, the deceased person’s estate can be distributed immediately. The threshold for a small estate of £36,000 is subject to change from time to time and you should check the current level with either your local Citizens Advice Bureau or with the Sheriff Clerk.

You will need to contact the bank or building society and inform them of the situation. At the least they are likely to ask to see a copy of the death certificate which you will have after the death has been registered. The deceased’s estate can then be distributed immediately.

In Northern Ireland

The executors will not need to apply for probate if everything the deceased person owned was held in joint names with their surviving spouse or civil partner or if their only assets were bank or building society accounts that contained less than £10,000.

The bank or building society may be prepared to pay the money to the person or people entitled to it without seeing the grant.

You will need to contact the organisations and inform them of the situation. At the least they are likely to ask to see a copy of the death certificate which you will have after the death has been registered. The deceased’s estate can then be distributed immediately.

Please note

The information which we provide through Lasting Post is in outline for information or educational purposes only. The information is not a substitute for the professional judgment of a solicitor, accountant or other professional adviser. We cannot guarantee that information provided by Lasting Post will meet your individual needs, as this will very much depend on your individual circumstances. You should therefore use the information only as a starting point for your enquiries.