Losing a spouse is an incredibly difficult time and dealing with financial and legal matters can feel overwhelming. One of the questions we are often asked is whether a Grant of Probate is needed after a spouse dies.
Whether you need a Grant of Probate will depend on what assets your spouse owned, how those assets were held and what is set out in their Will.
A Grant of Probate is a legal document issued by the Probate Registry which gives the executors named in a Will the authority to deal with the deceased person’s estate.
It allows the executors to collect assets, close accounts, sell or transfer property and ultimately distribute the estate to the beneficiaries.
If your spouse left a Will and you are named as an executor, you may therefore need to apply for a Grant of Probate before you can deal with certain assets.
This is where things can be simpler.
Many married couples’ own assets jointly, particularly their family home and bank accounts. Where an asset is held jointly, it will often pass automatically to the surviving spouse by survivorship, rather than passing under the deceased’s Will.
For example, if you and your spouse owned your home as joint tenants, your spouse’s interest in the property will generally pass to you automatically on their death. You would not usually need a Grant of Probate to transfer that interest.
Similarly, jointly held bank accounts will generally pass to the surviving account holder.
However, it is important not to assume that everything passes automatically simply because you are married. The way an asset is owned is what matters.
If your spouse owned assets in their sole name, you may need a Grant of Probate before those assets can be dealt with.
This could include a property, bank or building society accounts, investments, shares or other significant assets.
The financial institution or organisation holding the asset will usually tell you whether they require a Grant before releasing or transferring it. There is no single threshold that applies to every organisation, so requirements can vary.
If a Grant is required, the executors will normally need to obtain it before they can collect and distribute those assets.
If your spouse died without making a Will, they are said to have died intestate.
In that situation, you would normally need to apply for a Grant of Letters of Administration rather than a Grant of Probate. The person dealing with the estate is then known as an administrator rather than an executor.
The intestacy rules determine who inherits the estate, which may not always produce the result your spouse would have wanted.
Even where a Grant of Probate is not required, there may still be important steps to take following your spouse’s death. This can include notifying banks and other organisations, dealing with jointly owned assets, valuing the estate and considering whether there are any Inheritance Tax or other tax implications.
It is also important to establish exactly what your spouse owned and how those assets were held before deciding whether a Grant is necessary.
Article Dated: 14/09/2026
Bethany is our Wills & Probate Paralegal based at our Melton Mowbray Office.
She has an impressive law background after achieving an Honours Bachelor of Law and a Bachelor of Criminology and Criminal Justice. Beginning her career as a Litigation Paralegal in the Supreme Court of Queensland, Australia, Bethany has moved to th United Kingdom to become admitted as a Solicitor.
Outside of work, Bethany enjoys walking through the countryside with her dog as well as horse riding.
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