Do I Need Probate? When It's Required and When It's Not

One of the first questions families ask after a death is whether they need probate. The answer depends on what the person owned, how they owned it, and the value of their assets. In many cases, probate isn't necessary – but getting it wrong can cause problems.

Let me help you work out whether probate is required for your situation.

Quick Answer: Do You Need Probate?

You probably NEED probate if:

• The person owned property in their sole name
• They had bank accounts totalling more than £5,000-15,000
• They had stocks, shares, or investments
• They had assets in multiple financial institutions

You probably DON'T need probate if:

• Everything was held jointly (passes automatically to survivor)
• Total assets are below the bank's threshold for release without probate
• Everything passes through nominations (some pensions, life insurance)
• The estate is very small (under £5,000)

When Probate IS Needed

Probate (or Letters of Administration if there's no will) is definitely needed when:

Property in sole name:

If the deceased owned property in their sole name, you'll need probate to transfer or sell it. Even if the will says everything goes to the spouse, the Land Registry requires a Grant of Probate before registering a change of ownership.

Large bank balances:

Each bank has a threshold above which they require probate before releasing funds. These vary from £5,000 to £50,000 depending on the bank. If the balance exceeds the threshold, you need probate.

Investments and shares:

Stockbrokers, investment platforms, and share registrars typically require probate to transfer or sell holdings, regardless of value.

Complex estates:

If there are multiple assets across different institutions, debts to settle, or potential disputes, probate provides the legal authority to sort everything out properly.

When Probate Is NOT Needed

Joint tenancy property:

Property held as "joint tenants" passes automatically to the surviving owner by right of survivorship. No probate needed – just notify the Land Registry with a death certificate.

Joint bank accounts:

If the account was genuinely joint (not just for convenience), the surviving holder can continue using it and becomes the sole owner. The bank will usually just need to see a death certificate.

Small balances below bank thresholds:

Banks will often release smaller amounts (typically £5,000-£15,000, some up to £50,000) on production of the death certificate and proof of entitlement, without requiring probate.

Nominated pensions and life insurance:

If the deceased nominated beneficiaries for their pension death benefits or life insurance, these usually pay out directly to those beneficiaries without going through probate. The policy or scheme administrator handles this.

Assets held in trust:

Assets already in trust don't form part of the probate estate – the trustees deal with them according to the trust terms.

Joint Assets and Probate

How assets are jointly owned makes a big difference:

Joint tenants:

Each person owns the whole asset together. When one dies, the asset automatically passes to the survivor(s). No probate needed for these assets.

Tenants in common:

Each person owns a specific share (often 50% each, but can be any split). When one dies, their share doesn't automatically pass to the other – it goes according to their will or intestacy rules. Probate is usually needed for these assets.

Check the title deeds for property, and the account terms for bank accounts, to find out how assets were held.

Bank Thresholds for Releasing Funds

Each bank sets its own limit for releasing funds without probate. Here are typical thresholds (these change, so always check directly):

• Barclays: £50,000
• HSBC: £25,000
• Lloyds/Halifax/Scottish Widows: £50,000
• NatWest/RBS: £25,000
• Nationwide: £50,000
• Santander: £50,000
• TSB: £50,000
• NS&I: £5,000

These are guidelines only – banks can insist on probate for any amount if they have concerns. They may also release funds below threshold only to specific people (like a spouse named in the will) rather than to anyone asking.

Property and Probate

Property in sole name:

Almost always needs probate, even if there's a clear will and an obvious beneficiary. The Land Registry requires a Grant of Probate to register a change of ownership.

Property held as joint tenants:

Doesn't need probate. Submit a death certificate to the Land Registry and they'll update the title to show the surviving owner.

Property held as tenants in common:

The deceased's share needs probate. The share will pass according to their will or intestacy rules and must be transferred using the Grant of Probate.

How to Check What You Need

The best approach is to contact each institution holding assets and ask directly:

1. Make a list of all assets: bank accounts, investments, property, pensions
2. Check ownership: sole name or joint?
3. Contact each institution: explain that someone has died and ask what they need from you
4. Ask specifically: "Do you require a Grant of Probate to release these funds/transfer this asset?"

Most institutions have dedicated bereavement teams who can guide you through their requirements.

What If You're Unsure?

If you're uncertain whether probate is needed:

Err on the side of caution:

If in doubt, apply for probate. Having it and not needing it is far better than not having it and running into problems.

Consider the costs vs. risks:

Probate costs £300 for estates over £5,000. This is modest compared to the risk of being unable to access assets or getting into legal difficulties.

Get professional advice:

If you're genuinely unsure, a short consultation with a solicitor or probate practitioner can clarify whether you need probate and save you time and stress.

The consequences of wrongly assuming you don't need probate can be significant: accounts you can't access, property you can't sell, and potential personal liability. When in doubt, it's safer to apply.