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.

How do you tell if an estate needs probate?

Was anything jointly owned? Joint accounts and joint-tenant property pass automatically — no grant needed for those assets.
Is there sole-name property or land? If yes, you will almost certainly need a grant before it can be sold or transferred.
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.

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). 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, budget with probate costs, and plan time with how long probate takes.

Which related guide should you read next?

How long does probate take? — The grant typically takes 4–12 weeks after a digital application. Full administration is usually 6–12 months.
Probate costs UK — Court fee £526 for estates over £5,000 (from 13 July 2026) plus £1.50 copies. DIY vs solicitor cost ranges.
Do I need a solicitor for a will? — Most straightforward estates do not. Use a solicitor for tax, trusts, foreign assets, blended families or a likely dispute.
Do both spouses need a will? — Yes. A will belongs to one person. Intestacy does not leave everything to a surviving spouse when there are children.

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.

Make the answer obvious for your family

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