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Do I need probate? When a grant is — and isn't — required

Quick answer

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.

The three-question test

  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.

Assets that 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

Assets that 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)

A trap: tenants in common

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). 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.

If it turns out you do need probate

The process is genuinely manageable for straightforward estates — walk through the probate guide, budget with probate costs, and plan time with how long probate takes.

Frequently asked questions

Make the answer obvious for your family

A clear will plus an organised asset list means your executor knows exactly where they stand. Make your will in about 15 minutes — £35 once.

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Written by Eleanor Vance, Will-writing professional at SwiftWill. Checked by SwiftWill's legal content review against primary sources (gov.uk and legislation.gov.uk). Last reviewed July 2026.