Do I Need Probate?

What Is Probate — and When Do You Actually Need It?

Probate is the legal process of dealing with the estate of someone who has died. A grant of probate (or a grant of letters of administration where there is no will) is the document that gives the executor or administrator the legal authority to collect in the assets, pay any debts, and distribute what remains.

You do not always need a grant. Whether one is required comes down to two things: what the person owned, and how it was held. The checker above works through the questions that matter most.

Property: Sole Name, Tenants in Common, or Joint Tenants

Property is usually the deciding factor. If the deceased owned a home or land in their sole name, a grant of probate is almost always needed before it can be sold or transferred.

Where a property was owned with someone else, the way it was held matters:

• Tenants in common: each owner has a distinct share (for example 50/50, or 70/30). That share does not pass automatically on death — it goes according to the will or the intestacy rules — so a grant is normally needed to deal with it.
• Joint tenants: the owners hold the whole property together. On death, it passes automatically to the surviving co-owner by survivorship, and no grant is needed to transfer it into their name.

Bank and Building Society Thresholds

For money held in the deceased's sole name, each institution decides whether it needs to see a grant of probate before releasing the funds. There is no single national threshold — every bank and building society sets its own, commonly somewhere between about £5,000 and £50,000.

Below the threshold, an institution will often release funds on sight of a death certificate and a simple form. Above it, they usually insist on a grant. Because the figure varies so much, the only reliable way to know is to ask each organisation directly. If the largest single balance is well over £50,000, a grant is very likely to be required; if every account holds only a few thousand pounds, it often is not.

Jointly-Owned Assets and Survivorship

Assets owned jointly — a joint bank account, or a home held as joint tenants — usually pass straight to the surviving co-owner without a grant. This is why estates where everything was shared with a spouse or civil partner frequently need no probate at all. The value simply moves to the survivor by survivorship.

The picture changes as soon as something was held in the deceased's sole name — a solely-owned property, a personal savings account above the threshold, or shares in their name — as those assets need a grant to be released or transferred.

Shares, Investments and Other Assets

Shares and investments held in a sole name often need a grant before they can be sold or transferred, though share registrars and investment platforms each set their own limits and some will release small holdings without one. Life insurance written in trust, and most pensions, usually pay out directly to named beneficiaries and sit outside probate.

Probate Is Not the Same as Inheritance Tax

It is easy to confuse the two, but they are separate. You can owe no inheritance tax and still need probate, and vice versa. Inheritance tax is about the value of the estate; probate is about the legal authority to deal with it. To estimate any tax due, use our inheritance tax calculator. To estimate the cost of applying, see the probate cost calculator.

A Note on Where These Rules Apply

This checker reflects the rules for England & Wales. Scotland has its own process (called confirmation) and Northern Ireland has its own probate service, both with different details. The broad principles — sole versus joint ownership, and institution thresholds — are similar, but the terminology and paperwork differ.

This tool provides general guidance only and is not legal advice. Whether a grant is required ultimately depends on each individual asset holder's rules. If the estate is large, complex, or disputed, take professional advice.