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Legal Process and Timelines

What is probate — and do I need it?

Probate is the legal process that gives someone authority to deal with a person’s estate after they have died. If there is a will, that authority usually…

Updated March 2026
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Probate is the legal process that gives someone authority to deal with a person’s estate after they have died. If there is a will, that authority usually comes in the form of a Grant of Probate. If there is no will, it…

Probate is the legal process that gives someone authority to deal with a person’s estate after they have died. If there is a will, that authority usually comes in the form of a Grant of Probate. If there is no will, it is normally called Letters of Administration. In day-to-day language, most people simply refer to both as probate.

Not every estate needs it. Some assets pass automatically. Joint bank accounts, for example, may pass to the surviving account holder. A jointly owned property may also pass automatically depending on how it was owned. Some smaller estates can be administered without a grant because the banks or institutions involved are willing to release funds below their own internal thresholds.

Property is where things usually become more serious. If the deceased owned a property in their sole name, or was the last surviving owner, a grant is often needed before the property can be sold or transferred. That is why probate becomes such a central issue when a house or flat is involved.

The first mistake many people make is assuming probate is always required. The second is assuming it never is because there is a will. In reality, the need for probate depends on the assets, the ownership structure, and what the institutions involved require.

The practical way to think about it is this: probate is not a punishment, and it is not an obstacle for the sake of it. It is simply the legal mechanism that gives the right person authority to act. Once you understand that, the rest of the process makes much more sense.

For most families, the right approach is to confirm three things early: whether there is a valid will, how the property is owned, and whether a grant will be required before the sale can complete. Getting those points clear at the start saves time, avoids false starts, and helps everyone make decisions with confidence.

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