Do You Need Probate If There Is a Will?

When someone dies, dealing with their estate can feel overwhelming, particularly for executors and family members who are already grieving. A common question that arises is whether you need probate if there is a Will, or whether having a Will avoids the probate process altogether.

Many people assume that a valid Will means probate is unnecessary. In reality, this is not usually the case. While a Will plays a crucial role in setting out the deceased’s wishes, probate is often still required to give legal authority to deal with their estate.

In this article, we explain if you have a Will do you need probate, when probate is required, when it may not be needed, how long probate takes with a Will, and how the process can be made easier for executors. Please note that this guide is for information purposes only and should not be taken as legal advice.

If you need support today, please contact our Wills & probate team.

Does having a Will avoid probate?

One of the most common misconceptions is that having a Will automatically avoids probate. Unfortunately, this is rarely true.

A Will does not remove the need for probate. Instead, it determines who is entitled to deal with the estate and how the assets should be distributed. In most cases, where a person leaves a Will, the executors named in that Will must apply for a grant of probate before they can administer the estate.

Probate provides legal confirmation that the Will is valid and gives the executor of the Will the authority to collect assets, settle debts, and distribute the estate in line with the Will.

What is probate where there is a Will?

Probate is the legal process of confirming the authority of the executor to deal with the deceased’s estate.

Where there is a valid Will, the Probate Registry issues a grant of probate. This document allows the executor of the Will to:

• Access bank and building society accounts
• Sell or transfer property
• Pay outstanding debts and taxes
• Distribute assets to beneficiaries

Without a grant of probate, many organisations will refuse to release funds or allow property transactions, even where a Will exists.

How long does probate take if there is a Will?

In the UK, probate typically takes between 6 and 12 months when there is a valid Will. The exact timescale will depend on how straightforward the estate is. Applying for probate with a Will can usually take several weeks for the Grant of Probate to be issued, after which administering the estate may take a number of further months.

Simple estates with few assets and no inheritance tax issues may be completed more quickly, while larger or more complex estates can take longer to administer.

When is probate required with a Will?

Probate is usually required where the estate includes assets that cannot be transferred without formal legal authority. This often depends on the type and value of the assets involved.

Probate is commonly required where:

• The estate includes property or land owned solely by the deceased
• There are bank accounts, savings, or investments above the institution’s probate threshold
• Financial institutions require a grant of probate before releasing funds
• Shares or investments are held in the deceased’s sole name

Probate thresholds vary between organisations, but they typically range from around £5,000 to £50,000. Even relatively modest estates may therefore require probate.

If you are unsure whether probate is required, it is sensible to check with each bank or asset holder or seek professional advice.

When is probate not required even with a Will?

There are some situations where probate may not be needed, even if there is a Will.

Probate may not be required where:

• The estate is small and falls below individual probate thresholds
• Assets are held jointly as joint tenants and pass automatically to the surviving owner
• Life insurance policies or pension benefits have named beneficiaries
• Assets are held in trust and do not form part of the estate

In these cases, assets can often be transferred without a grant of probate. However, each estate is different, and assumptions should not be made without checking.

Does a Will make probate faster?

Another common question is ‘how long does probate take with a will?’. People often want to know whether having a Will speeds up the process.

While a Will does not eliminate probate, it usually makes the process simpler and quicker than when someone dies without a Will. This is because the Will clearly identifies the executor and beneficiaries, reducing uncertainty.

On average, probate with a Will typically takes 9 to 12 months from start to finish, although straightforward estates may be completed sooner. More complex estates can take longer.

Factors that can affect how long probate takes with a Will include:

• The size and complexity of the estate
• Whether inheritance tax is payable
• Delays in obtaining asset information
• Property sales
• Disputes or challenges to the Will

Having a clearly drafted Will can significantly reduce delays and stress for everyone involved.

What assets do not go through probate?

Not all assets form part of the probate estate. Some pass automatically outside of probate, regardless of whether there is a Will.

Assets that typically do not go through probate include:

• Jointly owned property held as joint tenants
• Joint bank accounts
• Life insurance policies with named beneficiaries
• Pension death benefits
• Assets held in trust

Understanding which assets fall inside and outside probate can help executors assess whether probate is required at all.

How to make probate easier for your executors

If you are planning ahead, there are several steps you can take to make probate easier for your executors and beneficiaries.

Keeping an up-to-date list of assets, liabilities, and account details can save significant time. Informing your executor where important documents are stored, including your Will, can also help.

Choosing a suitable executor of the Will is equally important. Some people appoint professional executors or solicitors to ensure the process is handled efficiently and in compliance with legal requirements.

Taking professional advice when drafting your Will can reduce the risk of errors or ambiguity that may delay probate later on.

Can executors access bank accounts without probate?

In most cases, banks require probate before releasing funds above their internal thresholds. Smaller balances may sometimes be released without probate, but this depends on the bank’s policies. Larger accounts almost always require a grant of probate.

What’s the difference between having a Will and not having one for probate?

Both situations may require probate for larger estates. However, having a Will makes the process clearer by naming executors and beneficiaries. Without a Will, intestacy rules apply, administrators must be appointed, and delays are more likely.

Does a solicitor-drafted Will avoid probate?

No. Even a professionally drafted Will still requires probate in most cases. However, a solicitor-drafted Will is more likely to be legally robust, clearly worded, and easier to administer, which can make the probate process smoother.

Why choose Devonalds Solicitors?

At Devonalds Solicitors, we understand that dealing with probate can be daunting, particularly at an emotional time. Our experienced Wills and probate solicitors support executors and beneficiaries across South Wales with clear, practical advice at every stage of the process.

We regularly assist clients with applying for probate with a Will, estate administration, inheritance tax matters, and executor responsibilities. We take the time to explain each step and ensure estates are administered efficiently and correctly.

If you require support with similar services, including making a Will, please do not hesitate to get in touch.

Speak to our Wills and probate solicitors

If you are acting as an executor or beneficiary and are unsure whether probate is required, our specialist team is here to help.

You can contact your local Devonalds office at Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales probate solicitors today.

You can call us on 01443 779050 or use our simple contact form and we will get back to you as soon as possible.