Do I Need Probate?

Q: When is probate not required?

Probate is usually not required when everything the person owned passes automatically to someone else or is small enough to release without a grant. The common cases are: assets held as joint tenants (a home, or a joint bank account) that pass to the survivor by survivorship, and small bank or savings accounts below each provider's own probate threshold. If those cover the whole estate, you may not need a grant at all.

Q: What is the threshold for probate?

There is no single legal threshold. Each bank, building society, and asset holder sets its own limit above which it insists on seeing a grant of probate before releasing funds. These limits typically range from around £5,000 to £50,000 and vary by institution. Below its limit, a provider will usually release the money to the executor on sight of the death certificate and a signed indemnity.

Q: Do you need probate if there is a will?

Having a will does not by itself decide whether probate is needed. The will names the executors and says who inherits, but whether a grant is required still depends on what the person owned and how it was held. An estate with a will can avoid probate if all the assets pass by survivorship or fall under the providers' thresholds, and an estate without a will can still need a grant (called letters of administration) if it holds sole-name property or large accounts.

Q: Do you always need probate to sell a house?

It depends on how the property was owned. If it was held as joint tenants, it passes automatically to the surviving owner and can be dealt with without probate. If it was owned in the deceased's sole name, or as tenants in common, a grant of probate is almost always needed to sell or transfer it, because the buyer's solicitor needs proof of the seller's legal authority.

Updated July 2026. Whether you need a grant of probate depends on two things: what the person owned, and how it was legally held. Here is how to tell, with the common cases that avoid probate entirely.

Probate usually NOT needed

Home owned as joint tenants (passes to survivor)
Joint bank accounts
Bank accounts below the provider's threshold
Assets held in a trust
Life policies written in trust or with named beneficiaries

Probate usually IS needed

Property in the sole name of the deceased
Property held as tenants in common
Bank or investment accounts above the provider's threshold
Shareholdings and investment portfolios
Any asset a provider refuses to release without a grant

The two questions that decide it

Probate is the legal authority to deal with someone's assets after they die. Whether you need it comes down to two questions:

Question	If yes	If no
Was anything owned in the deceased's sole name?	A grant is very likely needed to release or transfer it	Probate may be avoidable
Did they own property (not as joint tenants)?	A grant is almost always needed to sell or transfer it	One fewer reason to need probate
Are any accounts above the provider's threshold?	That provider will require a grant	It can usually be released on the death certificate

Joint tenants vs tenants in common: the key distinction

A property owned as joint tenants passes automatically to the surviving owner by survivorship, outside the estate, so no probate is needed for it. A property owned as tenants in common means each person owns a distinct share that passes under their will, so the deceased's share needs a grant to transfer. You can check which applies by looking at the Land Registry title for a Form A restriction. This one point decides probate for most couples who own a home.

The bank threshold: there is no single legal figure

People often ask for "the probate threshold" as if it were one number set by law. It is not. Each bank and building society sets its own limit above which it insists on a grant before releasing funds, typically somewhere between around £5,000 and £50,000. Below that limit, most will release the money to the executor on the death certificate and a signed indemnity. If the whole estate sits below every relevant provider's threshold and there is no sole-name property, you may not need probate at all. Note that whether probate is required is a separate question from whether Inheritance Tax is due, which turns on the estate's total value against the £325,000 nil-rate band.

Still unsure? A short paid-for check is cheap insurance

If the estate mixes jointly-owned and sole-name assets, or includes property, a brief consultation with a probate solicitor will confirm whether a grant is needed before you spend weeks on the wrong path. See the full probate cost breakdown and how long probate takes.

Do I need probate FAQs

When is probate not required?

Usually when everything passes automatically to someone else or is small enough to release without a grant: assets held as joint tenants (a home or joint account) pass to the survivor by survivorship, and small accounts below each provider's threshold can be released on the death certificate. If those cover the whole estate, you may not need a grant.

What is the threshold for probate?

There is no single legal threshold. Each bank or building society sets its own limit above which it requires a grant, typically around £5,000 to £50,000, varying by institution. Below its limit a provider will usually release funds to the executor on the death certificate and an indemnity.

Do you need probate if there is a will?

Having a will does not by itself decide it. The will names executors and beneficiaries, but whether a grant is needed still depends on what was owned and how. An estate with a will can avoid probate if everything passes by survivorship or under thresholds, and an estate without a will can still need a grant (letters of administration) for sole-name property or large accounts.

Do you always need probate to sell a house?

It depends on ownership. A property held as joint tenants passes automatically to the survivor and needs no probate. A property in the sole name of the deceased, or held as tenants in common, almost always needs a grant to sell or transfer, because the buyer's solicitor needs proof of legal authority.

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