Common Probate Questions and Misconceptions Explained

Yes, a probate application is often required even if the deceased left a Will.

Whether or not probate is required is more dependent on the type and value of the assets involved in the estate, rather than whether there is a Will.

For example, probate is almost always required if the deceased owned a property, and some banks may refuse to pay out monies from a deceased’s accounts if they hold funds above a certain threshold (e.g. £30,000, but this will vary from bank to bank).

The terms ‘executors’ and ‘trustees’ are often used interchangeably and can become confused with each other.

Indeed, a person can appoint the same people to fulfil the roles of executors and trustees in their Will.

When a person dies, leaving a Will, their executors will be tasked with dealing with the practicalities of administering the estate.

Amongst other things, the executors will need to collect in the assets, pay any debts, make sure any property is both insured and secured, and make the probate application.

Once the estate is collected in and fully accounted for, the responsibility passes to the trustees.

The trustees will need to hold the remaining ‘pot’ of monies/assets for the beneficiaries named in the Will.

This may only be for a very short period of time if the deceased makes outright gifts in their Will, or it may cover a longer period if, for example, the deceased included a trust in their Will.

Administrators are the people who deal with a person’s estate if they die without a Will, or if the executors of the Will are not willing or able to administer the estate themselves.

Unlike executors, who can point to the terms of a deceased’s Will to show that they are authorised to act in that capacity, administrators must wait until they have applied for and been granted probate before they fully take on their role.

No, they do not.

Even if probate is required to handle certain assets, this does not mean that all a person’s assets need to wait for probate before they can be dealt with.

For example, the deceased’s personal belongings, such as their car, can be sold or transferred into another person’s name before probate is granted.

Also, any assets the deceased owned in joint names with another person will pass to the surviving joint owner, provided that the ownership is as ‘joint tenants’ rather than ‘tenants in common’. 

You should take legal advice before dealing with any joint assets if you are unsure of the ownership.

Life policies may also be paid out independently, as well as pensions (until April 2027, following the proposed changes in the Autumn 2024 Budget).