---
title: "Do I need probate?"
description: "Joint assets usually pass automatically. Sole-name property almost always needs a grant. Bank thresholds vary widely."
url: "https://swiftwill.co.uk/probate/do-i-need-probate/"
author: "Marcus Kaiser"
date_modified: "2026-08-12"
---

# Do I need probate?

You usually don't need probate if everything passes by survivorship (joint accounts, joint tenant property) or if each institution will release small balances on the death certificate — bank thresholds vary, roughly £5,000–£50,000. You almost always need probate for sole-name property, tenants-in-common shares, or significant sole-name savings and investments.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

## How do you tell if an estate needs probate?

1. **Was anything jointly owned?** Joint accounts and joint-tenant property pass automatically — no grant needed for those assets.
2. **Is there sole-name property or land?** If yes, you will almost certainly need a grant before it can be sold or transferred.
3. **What do the banks say?** For sole-name savings and investments, each institution decides whether its threshold is exceeded. Ask them all before assuming.

Answer these in two minutes with the [probate checker](/tools/probate-checker/).

## Which assets skip probate entirely?

- Joint bank and building society accounts — pass to the surviving holder
- Property held as **joint tenants** — passes by survivorship
- Pension death benefits with a nomination — paid at the scheme's discretion, outside the estate
- Life insurance written in trust — pays the trustees directly
- Assets already held in trust
- Small balances within each bank's threshold

## Which assets almost always need a grant?

- Sole-name property or land (and any property held as **tenants in common**)
- Sole-name savings and investments above the institution's threshold
- Shares held in certificated form
- Significant premium bond holdings (NS&I has its own process and threshold)

## Do tenants in common need probate?

Couples often own their home as tenants in common without remembering — common after
 care-fee or second-marriage planning. Unlike joint tenants, a tenant in common's share
 falls into their estate and passes under their will (or the
 [intestacy rules](/intestacy-rules/)). The survivor keeps their own share, but a
 grant is normally required to deal with the deceased's share. Check the Land Registry
 title before assuming survivorship applies.

## What should you do if probate is needed?

The process is genuinely manageable for straightforward estates — walk
 through [the probate guide](/probate/), budget
 with [probate costs](/probate/probate-costs/), and plan time
 with [how long probate takes](/probate/how-long-does-probate-take/).

## Frequently asked questions

### Do I need probate if everything was jointly owned?

Usually no. Joint bank accounts and property owned as joint tenants pass automatically to the surviving owner by survivorship — the death certificate is normally enough. Watch for property owned as tenants in common: the deceased's share does NOT pass automatically and usually needs a grant.

### What is the small estate threshold for probate?

There's no single legal threshold — each bank and investment platform sets its own, typically between £5,000 and £50,000. Below their threshold they release funds on the death certificate (and sometimes an indemnity form) without a grant. Above it, they insist on probate.

### Do I need probate to sell a house?

Almost always yes if the property was in the deceased's sole name or held as tenants in common — the Land Registry requires the grant to transfer or sell it. Joint tenant property passing entirely to the surviving co-owner can be sold without probate.

### Is probate needed if there's no will?

Often yes — it's just called Letters of Administration instead of a Grant of Probate, and the closest relative under the intestacy rules applies. The need for a grant depends on the assets, not on whether there's a will.

### Can banks just release money without probate?

Yes, below their internal threshold — it is entirely their discretion. Ask each institution for its deceased-customer process; many release up to £25,000–£50,000 on the death certificate plus their own forms, especially to a spouse.

Canonical HTML: https://swiftwill.co.uk/probate/do-i-need-probate/
Markdown: https://swiftwill.co.uk/probate/do-i-need-probate.md
Last modified: 2026-08-12
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)