The vast majority of estates in England and Wales do have to go through probate. However, if the person who has died left a small estate, then probate may not be required.
Whether a Grant of Probate is required is a question of the value of the estate as a whole and the types of assets that comprise the estate. An estate valued at over £30,000 will normally require a grant. Smaller estates may require a grant depending on the assets that were held by the deceased.
It has to be borne in mind that every bank and building society has its own rules about how much cash can be passed on without needing a Grant of Probate or Letters of Administration.
In addition, if the person who has died owned one or more assets jointly with another person, the law states that those assets transfer automatically to the surviving owner without the need to pass through probate.
If you have any questions regarding whether an estate should go through Probate, our specialist solicitors can assist you. If you would like to discuss the details of an estate or any other questions regarding administering an estate, please contact Melanie Byrne or Paul Baker on 0161 6155554, email to firstname.lastname@example.org or by visiting our Altrincham office.