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Probate checker: do I need probate?

By SwiftWillUpdated England and Wales

Quick answer

Answer up to three questions to see whether an estate in England or Wales is likely to need a grant of probate. A house or land in the person's sole name almost always needs one; assets that pass automatically to a joint owner do not. For money held in the person's name alone, the answer depends on each bank or provider, so the checker asks what they have told you.
On this page · 7 sections

Does the estate need probate?

Start with the property question. The checker only asks the next question if it is needed.

1. Did the person own a house, flat or land in their name alone, or a share of one as tenants in common?

Do not count property owned as joint tenants: that passes automatically to the other owner.

How does the checker work?

The checker applies the tests in GOV.UK's check if probate is needed, in the order that settles the question fastest. Each answer leads to one of three results.

The rules behind each result, with sources (checked 24 September 2026)
If the estate hasResultWhy
A house or land in the person's sole name, or a tenant-in-common shareA grant is almost certainly neededHM Land Registry needs a grant to transfer a sole owner's property to a beneficiary, and a buyer needs a copy.
Only jointly owned or nominated assetsA grant is probably not neededGOV.UK says jointly owned money, shares and property pass automatically to the surviving owners.
Money in the person's sole nameDepends on each organisationGOV.UK says every organisation has its own rules, so the result follows what they tell you.

What can the checker not tell you?

The checker cannot see the estate, so some things are left to you:

  • How a property was owned. If you are unsure whether a home was held as joint tenants or tenants in common, check the HM Land Registry records first. See do I need probate? for why it matters.
  • Each bank's rules. For example, Barclays asks for a grant if the person held more than £50,000 across sole accounts with it, while NS&I may ask when total NS&I savings are £5,000 or more (both checked 24 September 2026). Other banks set their own limits.
  • Inheritance tax. Even when no grant is needed, check whether tax is due. The fees estimator gives a rough sketch.
  • Who can apply. Executors apply if there is a will; otherwise the closest relative does, as explained in the probate guide.

How do you find out what the person owned?

Start with their post, bank statements and papers, then use the official services that help with the questions the checker asks:

  • Property: search HM Land Registry for the title register, which shows who owns a property in England or Wales.
  • Pensions: the find pension contact details service gives contact details for workplace and personal pension schemes; it does not tell you whether a pension exists or its value.
  • An existing grant: search the probate records to check whether someone has already applied and been granted probate.
  • Government payments: Tell Us Once reports the death to HMRC and DWP, who then contact you about tax and benefits.

What should you do if a grant is needed?

Value the estate first, because the application asks for its values even when no tax is due. Most estates are excepted estates, so you can then apply online straight away; GOV.UK says grants usually arrive within 12 weeks. The court fee is £526 for an estate over £5,000, and extra copies cost £2 each if ordered with the application. See probate costs and work through the executor checklist.

What should you do if no grant is needed?

Collect the assets using each organisation's own forms, pay any debts, and share out what is left under the will or the intestacy rules. Keep copies of every letter confirming that a grant was not needed, in case another account turns up later.

Sources

Sources checked 24 September 2026.

Frequently asked questions

How does the probate checker decide?

It follows GOV.UK's guidance on checking whether probate is needed. Property owned in the person's sole name, or as a tenant in common, needs a grant. Jointly owned assets pass to the survivor. For money in the person's name alone, the answer depends on what each organisation holding it says.

Why does the checker not use a bank threshold such as £50,000?

Because there is no legal threshold that applies to every bank. Each organisation sets its own rules, and they differ. Barclays and NS&I publish different figures, so the checker asks what the organisations holding the money have told you.

Does the checker work if there is no will?

Yes. Whether a grant is needed depends on the assets, not on the will. Without a will the grant is called letters of administration and the closest relative under the intestacy rules applies for it.

Is the result legally definitive?

No. It is general information to help you plan. If any organisation or HM Land Registry asks for a grant, you need one, whatever the checker said. Take advice if the estate includes a business, property abroad or a dispute.

Does the checker store my answers?

No. The questions run in your browser and the answers clear when you leave or press Start again. The checker does not ask for names, values or account details.

Dealing with an estate? Work through the checklist

The executor checklist sets out each task in order, from registering the death to final accounts.

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Published by SwiftWill. First published ; updated . General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our corrections log.

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