Do you actually need probate? A plain-English starting point
You don't always need probate. Whether you do depends on what the person owned and how it was held, not on whether there's a will. Assets owned as joint tenants, such as a jointly-owned home or joint bank account, usually pass automatically to the survivor by 'survivorship'. Some banks release small balances without a grant, but each institution sets its own threshold, so the only reliable way to know is to ask each one in writing. You generally need probate for sole-name assets above a threshold, or sole-name property.
Written by the team behind Agent Edward, our wills and estates specialist. This guide is general information about UK law, reviewed for accuracy.It depends on how assets were held
When someone dies, 'probate' is the legal confirmation that gives the executor (named in the will) authority to deal with the estate. A common surprise: you don't always need it. Whether you do depends on what the person owned and how it was held, not on whether there's a will.
Two things commonly pass outside probate. First, assets owned as joint tenants, such as a jointly-owned home or a joint bank account, usually pass automatically to the surviving owner by 'survivorship', with no grant needed. Second, some asset holders release funds without a grant if the balance is small.
There is no single national threshold
That second point trips people up because there is no single national figure. Each bank, building society or NS&I sets its own threshold for releasing money without seeing a grant of probate. In practice these range widely: some institutions release only a few thousand pounds without a grant, others tens of thousands. The only reliable way to know is to write to each institution holding the deceased's money and ask for their probate threshold in writing.
You will generally need probate where the person held assets in their sole name above an institution's threshold, owned property or land in their sole name (or as 'tenants in common' rather than joint tenants), or held shareholdings and certain investments.
A sensible first step
Before paying anyone: list every asset, note how each was owned (sole or joint), and ask each institution its threshold. That list tells you whether a grant is needed at all, and if it isn't, you may be able to settle the estate without one.
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Do I always need probate when someone dies?
No. Whether you need it depends on what the person owned and how it was held, not on whether there's a will. Some estates can be settled without a grant at all.
What passes without probate?
Assets owned as joint tenants, such as a jointly-owned home or a joint bank account, usually pass automatically to the surviving owner by 'survivorship', with no grant needed. Some asset holders also release small balances without a grant.
Is there a set amount below which probate isn't needed?
No single national figure. Each bank, building society or NS&I sets its own threshold for releasing money without a grant, ranging from a few thousand pounds to tens of thousands. The only reliable way to know is to write to each institution and ask for its threshold.
When will I definitely need probate?
Generally where the person held assets in their sole name above an institution's threshold, owned property or land in their sole name (or as 'tenants in common' rather than joint tenants), or held shareholdings and certain investments.