What Happens If You Don’t Apply for Probate?

When someone dies, applying for probate is one of the most important steps in dealing with their estate. But what happens if you don’t apply for probate? The short answer is that, in many cases, you may not need to. In others, failing to apply can leave assets frozen indefinitely, expose executors to personal liability, and cause serious problems for beneficiaries.

At Curtis Legal, we deal with the consequences of delayed or skipped probate applications every week. This guide explains exactly when probate is required, what happens if you don’t apply, and what your options are.

Is probate always required?

No. Probate is not always needed. Whether you need it depends on what the deceased owned, how it was owned, and the value of the estate.

When probate is usually NOT needed

• The estate is small — typically under £5,000 to £50,000 depending on the bank’s threshold
• All assets were jointly owned and pass automatically to the surviving owner by survivorship
• The deceased had only personal possessions and no property, shares, or significant savings
• The only asset is a joint bank account with a surviving spouse or partner

When probate IS required

• The deceased owned property in their sole name
• There are bank or building society accounts above the institution’s threshold
• There are shares, investments, or premium bonds
• There is inheritance tax to pay
• The estate is being contested

What happens if probate is needed but you don’t apply?

1. Bank accounts stay frozen

Once a bank is notified of a death, the deceased’s accounts are frozen. Without a grant of probate, banks will not release funds above their threshold. The money sits there, sometimes for years, while the family is unable to access it.

2. Property cannot be sold or transferred

If the deceased owned a property in their sole name, the legal title cannot be transferred or the property sold without probate. The house can sit empty, unsold, with insurance premiums, council tax, and maintenance costs mounting.

3. Inheritance tax interest builds up

HMRC require inheritance tax to be paid within six months of the end of the month in which the person died. After that, interest accrues daily on the unpaid amount. The current rate is well above bank interest rates, so delay is expensive.

4. Executors can be held personally liable

Executors have a legal duty to administer the estate properly. If you delay applying for probate and creditors are not paid, beneficiaries lose out, or assets lose value, you can be sued personally for breach of duty. This is one of the most serious risks of doing nothing.

5. Shares and investments cannot be cashed in

Share registrars, premium bond holders, and investment platforms all require either probate or a small estates declaration before they will release funds.

6. Beneficiaries cannot inherit

Until probate is granted and the estate is administered, beneficiaries receive nothing. If they are relying on the inheritance, the delay can cause real financial hardship.

Is there a deadline to apply for probate?

There is no statutory legal deadline to apply for probate. However, there are several practical deadlines that make delay risky:

• Inheritance tax — 6 months from the end of the month of death before interest starts
• Inheritance tax account (IHT400) — 12 months from the end of the month of death to file
• Beneficiary claims under the Inheritance Act 1975 — 6 months from the grant of probate
• Creditor claims — generally six years, but executors can be liable if they distribute too early

What if there’s a will but no one applies?

If named executors refuse to act or simply do nothing, beneficiaries can apply for a court order forcing them to take out probate, or to be removed and replaced. This is called a citation. Alternatively, an executor can renounce their role formally, allowing someone else to step in.

What if there’s no will?

If there’s no will, the estate passes under the rules of intestacy and someone needs to apply for a grant of letters of administration. The same problems apply if no one steps forward — assets stay frozen, property cannot be sold, and the estate sits in limbo.

Can you avoid probate entirely?

In limited circumstances, yes. Joint ownership, nominated death-in-service benefits, and assets held in certain trust structures pass outside probate. However, for most estates with property, savings, or investments held in the deceased’s sole name, probate cannot be avoided.

How Curtis Legal can help

If you’ve been putting off applying for probate, or aren’t sure whether you need to, we can help. Our specialist probate solicitors will review the estate, tell you exactly what’s needed, and handle the whole application for you. We offer fixed fees from £1,000 plus VAT for simple estates, with same day callback on all enquiries.

Call us on 0800 214 216 for a free, no-obligation chat about your situation.

Frequently Asked Questions