Do I Need Probate If My Husband Dies?
Has your husband recently passed away? We understand how tough it can be to lose a loved one, especially your spouse. Organising probate after a passing is likely the last thing on your mind, and we get that. However, there are certain circumstances when you may need to apply for probate. To learn more about whether you need probate if your husband has died, continue reading.
What is Probate?
Probate is the legal process of handling someone's estate (money, possessions, and property) when they pass away. The process involves checking and proving that the deceased has a valid Will, while confirming who can legally administer the estate and deal with leftover debts and taxes.
When Probate is Required
Probate being required depends on how your deceased husband's assets were owned and their total value. Probate is required if your husband:
- Owned assets solely in his name (bank accounts, ISAs, and shares)
- Owned property solely in his name (or owned as tenants in common)
- Hasn’t got a Will
In summary, probate will be required if your husband had assets solely in their name. Probate may also be required if the value of their estate exceeds a threshold set by the banks. The threshold can be anywhere between £5,000 to £50,000.
When Probate isn't Required
Probate isn't required if your husband:
- Has jointly owned assets with you, his spouse
- Solely owned assets that are below the probate threshold
This means you won’t have to apply for probate if you owned assets together as joint tenants, or if his estate is small. Due to owning assets together, they’ll be passed to you automatically after your husband's death.
Do You Need Probate if Everything is in Joint Names?
As mentioned, you won't be required to apply for probate if yourself and your husband's assets are in joint names, thanks to something called ‘right of survivorship’.
This means that when both you and your spouse have assets in joint names, you'll gain automatic access when they die, meaning there’s no need for probate. Please note if you own a property in joint names but as tenants in common, you will need to apply for probate.
What Happens if You Don't Apply for Probate?
So, what happens if you require probate but don't apply for it? If the circumstances when your husband dies require probate, you should apply for it to avoid potentially complicated issues:
- Assets are left inaccessible
- Ongoing delays within the process
- Legal and financial problems
- Complications for executors if you don't transfer property
- Added costs
- Potential legal action from other beneficiaries
- Potential issues dealing with probate when you pass away
If you leave your deceased husband's estate unmanaged for a prolonged period, issues will arise. We understand that the process may seem tedious as it is, especially if you're grieving.
However, to successfully deal with your husband's estate in a streamlined manner, you will need to apply for probate when required. With the help of experienced professionals, the probate process can be dealt with accordingly without timely delays.
How to Apply for Probate
You can apply for probate in the UK online or by post.
Online
- Estimate the value of the estate
- Report the full estate to HMRC
- Pay any outstanding Inheritance Tax
- Wait for HMRC to send a code to apply with
- Apply for probate through the HMRC website here
Post
- Report the full estate to HMRC
- Pay any outstanding Inheritance Tax
- Wait for HMRC to send a code to apply with
- If your deceased husband has a Will, fill in this form (PA1P)
- If your deceased husband doesn’t have a Will, fill in this form (PA1A)
Please note that applying for probate online is quicker than applying via post. You should always seek advice from a solicitor before applying for probate.
Did Your Spouse Have a Will?
If your husband didn’t have a Will when they died, you may need to apply for a Grant of Letters of Administration (governed by the Rules of Intestacy). If the application goes through, you will be known as the administrator, rather than an executor - as there's no Will.
A Grant of Letters of Administration allows you legal authority to manage your deceased husband's estate. Apart from when there’s no Will in place, a Grant of Letters of Administration is also used when the Will is invalid, or no executors have been appointed or are willing to act upon the death.
Key Takeaways
- Probate is the legal process of handling someone's estate when they pass away
- Probate will be required if your husband had assets solely in their name, as tenants in common, or exceeding a set threshold
- Probate isn’t required if you owned joint assets with your husband as joint tenants, or his estate is small
Our Probate Solicitors are Here for You!
If you're seeking expert legal advice during this difficult time, allow us to help. At Bell Lamb & Joynson, we have a team of dedicated Wills & Probate solicitors ready and waiting to help you. With over 200 years of experience, you can rely on us to handle the sometimes-complex side of probate.
Whether it’s tedious legal work, paperwork, or administration you're struggling with, we can offer assistance. By choosing us, you’ll have access to ongoing support, guidance, and advice - something that’s needed during challenging times of grief.
Contact our friendly team of probate solicitors today if you have any questions.