
Probate is a term that often appears in legal discussions surrounding the passing of an individual, but many are unsure of what it really means or when it’s necessary.
Understanding the probate process is crucial whether you’re handling a loved one’s estate or planning ahead for your own. At Cooper Hall Solicitors, we specialise in providing precise and reliable legal guidance to help you navigate this complex area of law.
In this article, we’ll clarify when is probate necessary, outline the steps involved in the process, and address common questions to help you gain a thorough understanding. If you need probate or want to understand it more, our experts are here to assist you.
What Is Probate?
Probate is the legal procedure for managing and distributing the assets of a deceased individual’s estate. In other words, the procedure validates a will, settles debts, and ensures that the remaining assets are distributed according to the deceased’s wishes.
However, the process can be straightforward or complex depending on the estate size and whether there are any disputes among heirs or creditors.
- Approximately 1 in 10 properties on the UK market is a probate sale. (TodayWill&Probate)
When is Probate Necessary?
Probate is typically necessary when the deceased owns assets in their name alone—property, money, or investments. If the deceased left a will, probate helps ensure its validity and facilitates the distribution of assets accordingly.
However, probate may not be required in all cases, especially if the deceased person’s estate is small or the assets are passed directly to beneficiaries through joint ownership or named beneficiaries in accounts.
At Cooper Hall Solicitors, we recognise that navigating the probate approach can be overwhelming, particularly during times of grief. Therefore, our skilled team is here to guide you every step of the way, ensuring the process runs smoothly, saving you time, and helping you avoid unnecessary complications.
- In 2023, there were 122 contested probate cases in England’s High Court, up from 116 cases in 2022. (Govt.uk)

The Probate Process Explained
Once probate is deemed necessary, several steps must be followed:
- Requesting a Grant of Probate
The first step is to apply to the court for a Grant of Probate. This legal document grants the executor authority to administer the estate and distribute the assets. The process can also proceed without a will, but a different document called a Letter of Administration may be required.
- Notify Creditors and Settle Debts
once the Grant of Probate is obtained, the executor must notify creditors and ensure that any outstanding debts or taxes are paid from the estate. This step is vital, as failure to settle debts could lead to legal complications.
- Distribute the Estate
Once debts are settled, the executor can distribute the remaining assets to the beneficiaries according to the instructions in the will. However, disputes among beneficiaries or claims from creditors could delay this stage.
- Close the Estate
Finally, the probate process concludes once all assets have been distributed and the estate is fully settled.
- In October to December 2023, there were 53,927 applications for probate grants, with 63,172 grants issued in the same period. (Govt.uk)
When Is Probate Not Necessary?
Probate is not always required in the following situations:
- Joint Ownership: When the deceased owned property jointly with another person, such as a spouse, the surviving owner usually assumes full ownership automatically, without requiring probate.
- Small Estates: Many jurisdictions allow simplified probate procedures for estates below a certain value threshold. If the estate is small, typically under a set value (e.g., £15,000), the probate process may not be necessary.
- Assets with Named Beneficiaries: Assets like life insurance policies or retirement accounts with clearly named beneficiaries may bypass probate and go directly to them.
- Living Trusts: If the deceased person sets up a living trust, the assets in the trust generally do not go through probate.
Conclusion
In conclusion, understanding when probate is necessary and how the process works is essential for effectively managing a deceased person’s estate. While the process can seem complex, having the proper legal support can simplify it and ensure assets are distributed according to the will.
At Cooper Hall Solicitors, our experienced team is dedicated to providing clear guidance and support throughout the probate process. Whether you’re dealing with an estate, need assistance with a grant of probate, or simply seeking advice, we are here to help. Contact us today to ensure a smooth and efficient probate experience.
FAQs about Probate
In many jurisdictions, probate is not required for estates under a certain threshold. For example, if the estate’s value is under £5,000 in England and Wales, probate may not be necessary. However, the value varies by location, and each case is unique. It’s essential to consult with a solicitor to determine whether probate is required for your specific situation.
The duration of the probate process can vary immensely, depending on the estate’s complexity, the number of assets, and whether any legal disputes arise. On average, it can take anywhere from six months to a year. However, it could take longer if complications arise, such as disputes over the will’s validity.
While it’s possible to handle probate yourself, the process can be complex and time-consuming. A solicitor can offer invaluable assistance by ensuring the correct legal procedures are followed, minimising errors, and handling any arising disputes. If you’re unsure whether probate is necessary or need help, seeking legal advice from Cooper Hall Solicitors can save you time and prevent costly mistakes.