Do I Need Probate If Everything Is Jointly Owned?

This is one of the most common questions after a death, and the honest answer is "usually no, but check a few things first". Those checks take minutes and can save you weeks.

How survivorship works

Where an asset is held as joint tenants, the owners each own the whole thing together rather than a distinct share. When one dies, their interest simply passes to the survivor automatically — this is "the right of survivorship". It happens outside the will and outside the intestacy rules, which is why a grant is usually not needed to deal with it. Most joint current accounts work this way, and so do many family homes owned by a couple as joint tenants: the survivor becomes the sole owner.

The crucial exception: tenants in common

Not all joint ownership is the same. Where a property is held as tenants in common, each owner has a defined share — say 50% each, or 70/30. That share does notpass by survivorship. Instead it forms part of the deceased's estate and goes under their will, or under the intestacy rules if there is no will — and dealing with it usually needs probate.

You can check which type applies by looking at the title register at HM Land Registry. If the owners held as tenants in common, there is often a "restriction" noted on the title (a Form A restriction). GOV.UK explains the difference between joint tenants and tenants in common, and our guide to the two forms of joint ownership goes into more detail.

What can still force probate

Even if the home and the main account were held jointly, probate can still be needed if the deceased held anything meaningful in their sole name. Watch out for:

• A sole-name investment, ISA or portfolio of shares held individually
• A bank or building society account in their name alone above that provider's release threshold (thresholds vary, commonly somewhere between about £15,000 and £50,000)
• A tenants-in-common share of any property or land

Any one of these can mean a grant is required even when most of the estate passed automatically. If you are unsure of the values involved, our probate cost calculator gives a rough idea of what each route would cost, and the do-I-need-probate checker walks you through the same questions in a couple of minutes.

Assets that bypass probate anyway

Some assets never need probate because they are paid directly to a named person. A life insurance policy written in trust pays out to the named beneficiaries, and most pension death benefitsare paid at the scheme's discretion following the member's nomination. In both cases the money does not form part of the estate, so no grant is needed to release it — though the pension provider or insurer will still want to see the death certificate.

A gentle note about the second death

Survivorship is a great help, but it only smooths the first death. When the surviving joint owner later dies, everything is usually in their sole name — the house, the accounts — and at that point probate is far more likely to be needed. It is worth being aware of this so it is not a surprise down the line, but there is nothing that needs doing about it now.

This is general guidance, not legal advice. If you are not sure how an asset was owned — particularly a property that might be held as tenants in common — it is worth confirming the position before you distribute anything.

Related guides

• Probate on a House in One Name With No Will
• Joint Tenants vs Tenants in Common on Death
• Do You Need Probate? Complete UK Guide