Fixed Probate Fees, call:

0800 612 6105

Alternatively local rate:

020 8150 2010

What Happens If Probate Is Not Applied For?

If probate is needed when someone dies, and no one applies for it, then no one will legally be allowed to receive their inheritance. Instead of the executor passing everything along to those who have been named, the assets will be frozen until probate is achieved. Probate gives the executor the legal authority to deal with the deceased person’s possessions, and without it, it will be impossible to wind up their affairs, including closing down bank accounts, transferring (or selling) property, transferring pensions, and cashing in investments.

Not every estate will need probate; it will depend on the value of the assets, and how those assets were held as part of the estate. Probate is not normally required for estate that are worth less than £5,000, and sometimes the limit will be higher – it depends on the policies of the bank or financial institutions holding the money as to whether they will want to see probate or not before releasing the funds.

If the property or bank account is in a joint name, then the surviving owner will become the sole owner (unless something different was stipulated in the deceased’s will), and probate won’t be required for this.

If you are unsure whether probate is required, it’s best to speak to the experts who can give you the best advice.

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