What happens if you don’t apply for probate?

What happens if you don’t apply for probate?

01 June 2026 | posted in Probate

When someone dies, their estate must usually be administered before assets can be distributed. This legal process is known as probate and involves collecting the deceased’s money, property, and possessions, settling any debts or taxes, and passing the remaining estate to beneficiaries.

What is a Grant of Probate?

If the deceased left a valid will, the responsibility for administering the estate normally falls to the executor named in the will. To begin this process, the executor must apply for a Grant of Probate.

A Grant of Probate gives the executor the legal authority to deal with the deceased’s assets, including accessing bank accounts, selling property, paying inheritance tax, and distributing the estate in accordance with the will.

What happens if someone dies without making a will?

If someone dies without a will (known as intestacy), a Grant of Probate cannot be issued. Instead, the estate is dealt with under a Grant of Letters of Administration. The administrator is usually a close family member and must distribute the estate according to the rules of intestacy.

Can an Executor refuse the role?

Yes. An executor who has been named in a will is not obliged to act and may choose to renounce their right to take on the role, provided they have not already started administering the estate.

When is probate not required?

Not every estate needs probate. Probate is not usually required if:

  • The deceased left no property and only a small amount of money, typically under £5,000
  • Assets are held solely in joint names as joint tenants, meaning ownership passes automatically to the surviving owner under the right of survivorship

It is important to note that banks and financial institutions have different thresholds for when they will require a grant, so limits can vary.

When is probate needed?

Probate is more likely to be required where:

  • The estate includes a property owned as tenants in common
  • The estate is of higher value and assets need to be formally collected and distributed

In these circumstances, financial institutions and the Land Registry will usually require a Grant before releasing or transferring assets.

What happens if you don’t apply for probate?

If probate is required but not applied for, the estate cannot be administered. Assets remain frozen, accounts cannot be accessed, and property cannot be sold or transferred. This leaves the estate in legal limbo and delays any distributions to beneficiaries.

Whether you are an executor or an administrator, failing to apply for probate when it is needed generally means the estate cannot be dealt with at all.

Seek professional probate advice

Although probate may not be required for smaller estates or jointly owned property, distributing an estate without confirming your legal position can create serious complications. Every estate is different, and getting  professional advice can help you avoid costly mistakes.

Need help with probate?

If you are unsure whether probate is required or need guidance administering an estate, our experienced team can help.

Contact us today for clear, practical advice and support at every stage of the probate process.

Contributors

Matthew Grief

Tax Partner Peterborough

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