Do you need probate if there is a will

Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.

You should not make any financial plans or put property on the market until you’ve got probate.

There are different probate rules in Scotland and probate rules in Northern Ireland.

How to get probate

You need to apply to get probate.

Before applying, you must check:

• that probate is needed
• that you’re eligible to apply
• whether there’s Inheritance Tax to pay

Check if probate is needed

Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets.

Every organisation has its own rules.

You may not need probate if the person who died:

• only had savings
• owned shares or money with others - this automatically passes to the surviving owners unless they’ve agreed otherwise
• owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

Check if you can apply for probate

Only certain peop

when is probate not required uk gov uk

is probate always required uk