Do you need a Probate after your Spouse’s Death?

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Do you need a Probate after your Spouse's Death?

Why is it necessary to probate?

Some people can make many wills in their lifetime. Therefore, land registry offices, banks, and other entities traded by the deceased may accept the instructions of the alleged executor when asked to complete the sale or transfer of the property in question. 

Probation is proving a person’s Will as the final Will. Therefore it is feasible by a designated executor. The process of evidence of a will is mainly decisive. Thus the executor nominated in the Will of the deceased confirms that this is the last valid Will of the dead. Provide to the register (the court that processes the application for probate). The court has accepted the evidence of the executor.

Granting probate is a legal document from a probate registration certifying that the executor has the authority to process and manage the property and liabilities of the deceased. Property management involves:

  • Collecting all the deceased’s property.
  • Paying off debt and expenses.
  • They distribute the final property to the beneficiaries according to their Will.

During this process, the executor will need to contact many institutions, such as banks and building-and-loan associations, as well as government departments, such as HMRC and the Council.

It is a common misconception that property is unnecessary if the deceased leaves a will. It’s not. The need for probate depends on your spouse’s specific financial situation, the assets in your real estate, and how those assets were held.

Does someone need to do probate if their spouse dies?

If your spouse dies, leaving behind the property that was their only property, you may need property. In some cases, if your spouse has life insurance, the insurance company may pay the beneficiaries specified when presenting the non-rebate death certificate, depending on their value.

You can request real estate if any real estate assets that belong exclusively to the deceased exceed a specific value. However, the more balance you have in your account, the more likely the bank will require the probate to close the account and distribute the proceeds to the executor. 

Each company has its minimum real estate value. Therefore, it is worth contacting the company that owns the deceased’s assets or liabilities as soon as possible to see if a real estate grant is needed to settle the account.

As a general rule, probate is unnecessary if spouses jointly own all the property assets. These can be assets such as real estate, bank accounts, building-and-loan accounts, savings accounts, etc. Joint property is usually automatically transferred to the surviving spouse through the rights of the surviving dependents. In this case, preparing a death certificate is often sufficient to move the shared property to the surviving owner, and the agency is unlikely to request a refund.

If there is no Will, then what happens?

If someone dies intestate, only specific individuals can apply for the grant of control-this complies with the Intestacy Rule. This person is called an “executor” instead of an executor if there is a will. The administrator must apply to the Probate Registry for the grant of a management letter, not probate. This process is similar to the process of applying for probate. This document acts like the granting of probate, making the person the “executor” of the property. Therefore, allowing the person to evaluate the property and pay debts. Moreover, it also helps to distribute the property according to the inheritance rules.

The will-death rule determines how the court distributes the property if someone dies without leaving a will. A specific list of beneficiaries in a particular order can be inherited according to the will-death rule. Therefore, we encourage you to fulfill your wishes through your Will. Like the granting of probate, the need for granting control depends on the specific financial situation of your deceased spouse. Also, it depends on the retention of the assets in the real estate.


When owning a property as a joint tenant, each person has a particular stake. This part does not fall under the survivor’s rights but under the Will of the deceased. If there is no will, it falls under the will-death rule. An inheritance certificate is required to transfer or sell the deceased’s property, with or without a will. In some cases, the land registry may accept a copy of the Will. Thereby it indicates leaving of the property to the deceased’s spouse based on the death certificate and will. In this case, giving probate is not necessary.

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