Do You Need Probate If You Have Power of Attorney?

When someone dies, and you’ve been supporting them under a power of attorney, perhaps for many years, it’s natural to assume you already have the legal authority you need to deal with their estate when they die. However, a power of attorney only lasts until death, meaning it can no longer be used after that date.

From there, probate is necessary if you need to administer the affairs of someone who has died. Probate applications are very common and based on the Family Court Statistics Quarterly and HMCTS management information, there were 151,965 probate applications from January to September 2025 were made in the UK

Below, we look at what happens next when probate is required and how it fits alongside arrangements in place during the person’s lifetime. By the end, you’ll have a much better idea of what happens when probate kicks in if you have a power of attorney.

So, who doesn't need probate?

Probate is not always required. What do we mean by that? In simple terms, probate is usually needed only when assets were owned solely by the person who has died and are worth more than a certain amount.

It’s not a set amount, as the rules change for various reasons, but the threshold can range from £5,000 to £50,000, depending on the organisation holding the assets.

You may not need probate when:

• Any joint assets were held as joint tenants (not tenants in common), meaning they pass to the surviving owner without a grant being needed to deal with them
• Bank accounts or savings are modest, and the relevant bank is prepared to release funds without probate
• The estate is limited to personal belongings, with no property and no significant financial assets
• Individual banks or providers are willing to deal with the estate without asking for a grant

For example, it’s common for one bank to release funds while another refuses, even within the same estate. That’s why probate isn’t an all-or-nothing decision and why some estates move forward quickly while others can’t.

Do all wills have to go to probate in the UK?

No, not all wills have to go through probate. Having a will does not automatically mean probate is required. Probate is usually only required when banks, organisations or buyers need formal proof of legal authority before they’ll act.

A will does not usually need probate if:

• Everything of value was owned jointly, so ownership passes to the surviving person without legal authority being needed
• The estate is modest enough that banks are prepared to release money without asking for a grant
• No property was held in the deceased’s sole name
• There’s nothing to distribute that requires an institution to see probate paperwork

In situations like this, a will can still be useful. It sets out what the person wanted to happen and can help avoid confusion over personal items, even though probate itself isn’t needed.

Bonus tip: Even when probate isn’t required, banks or other organisations may still want to see paperwork such as the will or a death certificate before they release anything, so having these to hand can save time later.

How much does it usually cost for probate?

For most estates, probate costs £300 in court fees, with more needing to be paid only if a solicitor was used. However, even the court fees only apply when the estate’s value is over £5,000. Estates below that threshold don’t pay a probate fee at all.

Costs vary beyond this point. For instance, some people apply themselves and only pay the court fee, plus a small charge for extra copies of the grant. Others use a solicitor, particularly when property, multiple accounts or delays are involved.

Solicitor fees aren’t fixed either, so a straightforward estate may cost a few thousand pounds, while more complex cases can obviously cost more. In most situations, it’s the added legal support that increases the overall cost, not probate itself.

Bonus tip: Even if you apply for probate yourself, it’s worth checking whether banks or asset holders will accept digital copies of the grant, as this can reduce the number of copies you need to pay for.

Confused about probate or power of attorney? Talk to Us Today

When you’re dealing with another person's affairs after they die, it can be a confusing time, and when probate or power of attorney questions come up, it can muddy the waters even more. However, with just a little insight, you can navigate these potentially tricky waters much more easily.

SAM Conveyancing is here to help you understand where you stand and what the next practical step should be. If you’re dealing with an estate, property or legal authority after a death, our experts can steer you in the right direction.

Get in touch with our team today, and we’ll help you make sense of probate, power of attorney, and more, so you get real peace of mind of what’s to come.

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