How do you check whether an estate needs probate?
You check by listing everything the person owned, how they owned it, and what each organisation needs to release it. GOV.UK says to contact the financial organisations the person used, because every organisation has its own rules.
- List the assets: property, bank and building society accounts, NS&I savings, ISAs, shares, pensions and insurance.
- Check how each was owned: in the person's sole name, jointly, or with a nomination or trust. For property, check the HM Land Registry records.
- Ask each organisation whether it needs a grant for what it holds, and keep its answer in writing.
- Apply for a grant if any organisation needs one. One grant covers the whole estate.
The probate checker walks through the same questions.
Which assets usually need a grant?
Assets owned by the person alone usually need a grant, unless the organisation holding them agrees to release them without one.
| Asset | Needs a grant? | Why |
|---|---|---|
| House or land in the person's sole name | Yes | HM Land Registry needs the grant to transfer it; a buyer needs a copy. |
| Share held as tenants in common | Usually yes | The share does not pass automatically to the other owners. |
| Property held as joint tenants | No | It passes to the surviving owner, who updates the register with form DJP and a death certificate. |
| Joint bank accounts and jointly held shares | No | They pass to the surviving owners unless they agreed otherwise. |
| Sole bank, building society or NS&I savings | Depends | Each organisation sets its own rules. |
| Pension or life policy paid under a nomination or trust | Usually no | The scheme or trustees pay the beneficiary under their own rules. |
Why does it matter how a home was owned?
It matters because joint tenants and tenants in common are treated differently when one owner dies. GOV.UK explains that a joint tenant's share goes automatically to the other owners and cannot be left in a will, while a tenant in common's share does not pass automatically and can be left in a will. A couple can therefore live in a home they both own and still need a grant for the share of the one who died. If there is no will, that share follows the intestacy rules, which may not give it to the survivor.
What do banks and building societies ask for?
Each institution sets its own rules, and there is no legal limit that applies to all of them. Two examples, checked on the organisations' own pages on 24 September 2026:
- Barclays asks for a grant if the person had more than £50,000 across their sole accounts with it, and does not need one for joint accounts.
- NS&I may ask for a grant if the person's total NS&I savings are £5,000 or more, and reserves the right to ask at any value.
These are examples, not a rule for other banks. Ask each organisation's bereavement team, and see bank accounts after a death.
Is the £5,000 figure a probate threshold?
No. £5,000 is the level at or below which there is no court fee for applying; it does not decide whether you need a grant. Above it, the application fee is £526 from 13 July 2026. See probate costs.
What if no grant is needed?
You still have to deal with the estate properly. Debts and taxes are paid first, then what is left goes to the people named in the will or, without a will, under the intestacy rules. For an excepted estate you do not need to report its value to HMRC if you do not need probate, but keep your valuation records. The executor checklist covers the remaining tasks.
Sources
- GOV.UK: Applying for probate (check if probate is needed; fees)
- GOV.UK: Joint property ownership
- GOV.UK: Update property records when someone dies
- GOV.UK: Check if you need to send full details of the estate
- Barclays: bereavement and NS&I: bereavement
Sources checked 24 September 2026.