Probate checker: do I need probate?

Quick answer

Answer two or three questions to find out whether the estate is likely to need probate. The rule of thumb: sole-name property or land almost always needs a grant; everything jointly owned or nominated almost never does; sole-name savings sit in between and depend on each bank's threshold, roughly £5,000–£50,000.

Do you need probate? Answer a few questions

Did the person own property or land in their sole name — or a share as tenants in common?

Why do these three questions settle whether probate is needed?

Probate exists to unlock sole-name assets. Everything that passes another way — survivorship on joint accounts and joint-tenant property, nominations on pensions and trust-written life insurance — never enters the estate at all. What's left is sole-name money, and for that each institution decides whether its own threshold is exceeded. The full reasoning, including the tenants-in-common trap, is in do I need probate?

What should you do if the checker says probate is needed?

Don't panic and don't pay anyone yet. Straightforward estates are administered by ordinary people every day: the online application plus the HMRC forms is genuinely manageable, and the court fee is £526 for estates over £5,000. Read the probate guide, budget with probate costs and the fees estimator, and work the executor checklist in order.

Which related guide should you read next?

Probate fees estimator — Estate value to 2026 court fee (£526 over £5,000) plus a simple IHT allowance sketch. Not a tax return.
Can this person witness my will? — Answer four questions to see if someone can legally witness your will in England and Wales — age, gifts, spouses, and presence.
Do I need probate? — Joint assets usually pass automatically. Sole-name property almost always needs a grant. Bank thresholds vary widely.
How long does probate take? — The grant typically takes 4–12 weeks after a digital application. Full administration is usually 6–12 months.

Frequently asked questions

How does the checker decide?

It applies the three tests executors actually use: is there sole-name property or land (almost always needs a grant); does everything pass by survivorship or nomination (almost never needs one); and do sole-name savings exceed bank release thresholds, roughly £5,000–£50,000 (depends on the institution).

The checker says 'it depends' — now what?

Ask each bank and platform for its deceased-customer pack. They will state their threshold and what they need: many release mid-five-figure balances on the death certificate plus an indemnity form, especially to a spouse. Only apply for probate if one insists on a grant.

Does the checker work if there's no will?

Yes — the need for a grant depends on the assets, not the will. Without a will the document is called Letters of Administration and the closest relative under the intestacy rules applies, but the property/joint/threshold tests are identical.

What about premium bonds, ISAs and shares?

NS&I has its own process and threshold; ISAs and certificated shares count toward sole-name investments. Add them into the 'sole-name savings and investments' question when you use the checker.

Is the checker's answer legally definitive?

No — it's a strong steer, not legal advice. Each institution makes the final call on what it will release without a grant. If any bank, platform or the Land Registry demands a grant, that settles it.

Dealing with an estate? Work the checklist

The executor checklist walks through every task in order — from the first phone call to final accounts. Free, no sign-up.

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