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Probate is definitely not always necessary - it depends on the amount of the assets left by the deceased. However, I am not sure what the amount is . An aunt of mine died and only had 5 grand and we didnt need probate. But If there is a property involved then it will almost certainly involve probate
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This will help
http:// Probate is needed if the estate is worth more than £5000 or at lower values if certain assets including shares are involved |
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The answer is 'no'.
More information from the official Government source is here (scroll down to where it says 'Is a grant of probate always needed'. http:// |
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There always needs to be some kind of official process. You can't just execute the will or share out the goods, clear the house and so on without informing the relevant authority. It's just that for lw value estates, the process isn't called probate.
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It may be found that probate is required for only a few hundreds of pounds it depends more on what type of organisation you are dealing with and what they demand. Some years ago a husband made a DIY will leaving everything to his wife, as shares and property were involved a grant of representation (probate) were obtained and his wife died some 12 years later leaving all to her daughter as it was decided the value of the estate was low, probate (proving a will is valid) was not obtained, the daughter destroyed the will and got on with her life. Some 10 years later some shares belonging to her father were found, which caused all sorts of difficulty (all parties in the above are now dead)
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