'Probate' is a term commonly used when talking about applying for the right to deal with a deceased person's affairs (called 'administering the estate').  The law is England and Wales is different to that of Scotland.

Is a grant of probate/representation always needed?

When a grant is needed

A grant is almost always needed when the person who dies leaves one or more of the following:

• * £5,000
• * stocks or shares
• * certain insurance policies
• * property or land held in their own name or as 'tenants in common'

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However if the estate is small some organisations, such as insurance companies and building societies, may release the money to you at their discretion.)

 More information is available on the Direct Gov site

Information on the procedures and regulations in Scotland where you obtain a 'grant of confirmation'