Checking If You Need Probate

Not every estate needs probate, and having a will doesn't automatically mean it's required either. Whether you need it comes down to what the person owned and how it was held, not whether there was a will.

When Probate Is Likely Needed

• Property held in the person's sole name. It generally can't be sold or transferred without probate.
• Property held as tenants in common (rather than joint tenants). The deceased's share doesn't pass automatically, it forms part of the estate.
• Significant assets in their sole name, such as stocks and shares, a valuable art collection, or a business interest.
• Bank or investment accounts above the provider's threshold. Each financial institution sets its own limit for what it will release without seeing a Grant of Probate, and these vary widely, often somewhere between £5,000 and £50,000.

When Probate Usually Isn't Needed

• Jointly owned property held as joint tenants. This passes automatically to the surviving owner.
• Joint bank accounts. These also typically pass automatically under the right of survivorship.
• Pensions and life insurance with a named beneficiary, or a life insurance policy written in trust. These generally bypass the estate and probate entirely.
• Small sole-name account balances below a bank's own threshold, many banks will release these with just a death certificate and a completed form.

A Will Doesn't Change This

It's a common misconception that having a will means probate isn't needed, or that not having one means it is. In reality, the need for probate depends entirely on what's owned and how, not on whether a valid will exists. If there's a will, the named executor applies for a Grant of Probate. If there isn't, the closest eligible relative applies for very similar authority, called Letters of Administration instead.

Checking Individual Asset Rules

Because thresholds and rules differ between banks, pension providers, and other institutions, it's worth checking with each one directly rather than assuming, some organisations, including Kings Court Trust, publish current threshold guides that can help you get a quick sense of where things stand before you contact each provider individually.

Frequently Asked Questions

If the estate is small, do I still need to check?

Yes. There's no single UK-wide threshold, each organisation the deceased held assets with sets its own rules, so a "small" estate by one bank's standard might still need probate for a different asset.

What if I'm not sure whether property was held as joint tenants or tenants in common?

This is usually recorded on the property's title with the Land Registry. If you're unsure, it's worth checking there or asking a solicitor, since it materially changes whether probate is needed for that asset.

Can I apply for probate even if it's not strictly required?

Yes. Some people choose to apply anyway for extra reassurance, or because they need clear legal authority to deal with investments or a property sale, even where it might not be strictly compulsory.

Does having a small amount of debt affect whether probate is needed?

Not directly, probate relates to accessing and transferring the deceased's assets, not their debts. Debts are settled from the estate once you have the authority to deal with it.

Related reading: Valuing the Estate · Checking for a Will After a Death