Dealing with the estate of a deceased loved one can be complex, especially when it comes to probate. This refers to the legal process that confirms the validity of a will and grants authority to the executor to manage and distribute the estate. Many people wonder if it’s possible to settle a will without going through probate, as this can save time and avoid extra costs. However, attempting to bypass probate without proper guidance can lead to legal complications or delays.
Whilst probate is often necessary, there are certain circumstances where probate may not be required, such as when the estate is small or assets are jointly owned. Whether probate is required or not, it’s important to seek advice from wills and probate solicitors to ensure the process is handled correctly.
When is Probate Required?
Probate is normally required when the deceased’s estate includes assets solely in their name, such as property or savings, especially if their total value exceeds certain thresholds. During the process, the executor will be given the legal authority to deal with the estate, settle debts, and distribute assets to beneficiaries. Without probate, banks and other institutions may refuse to release funds or transfer ownership of assets.
When Can You Settle a Will Without Probate?
There are a few situations in which you can settle a will without probate:
- Small Estates. Many banks have thresholds (often between £5,000 and £15,000) under which they will release funds without probate being required.
- Jointly Owned Assets. Property or bank accounts held jointly with the deceased usually pass automatically to the surviving owner without probate.
- Assets with Named Beneficiaries. Life insurance policies, pensions, or certain investments often pass directly to nominated individuals.
If assets fall into any of these categories, probate may not be necessary, making the estate quicker and easier to settle. However, as every case is different, it’s essential to consult with will and probate solicitors to ensure nothing is overlooked and that the estate is administered properly. It’s important to carefully assess all assets and circumstances to avoid potential legal issues or disputes later on.
How Can Our Wills and Probate Solicitors Help?
At Hook & Partners, we offer clear, practical guidance to help you determine whether probate is required. Our wills and probate solicitors will support you through every step of the estate administration process, ensuring all legal aspects are handled efficiently, sensitively, and in full compliance with the law. Whether the estate is simple or complex, our tailored will and probate services can give you valuable peace of mind during a difficult time. Get in touch with Hook & Partners today to speak to our experienced probate and wills team.