Probate Guide
Do I Need Probate?
Probate is not always required. Whether you need it depends on what assets the deceased owned, how they were held, and the value of those assets.
This guide explains the key scenarios — and what to do if you are unsure.
Common Scenarios: Is Probate Required?
Use this guide to understand whether probate is likely to be required for the assets in the estate you are dealing with.
Estate includes a property in the deceased's sole name
Probate requiredIf the deceased owned a property in their sole name (not jointly), probate is almost always required before the property can be sold or transferred. The Land Registry will not register a transfer without a grant of probate.
Jointly owned property (joint tenants)
Probate not requiredProperty held as joint tenants passes automatically to the surviving owner by survivorship — outside of the estate entirely. No probate is needed for this asset, though probate may still be needed for other assets in the estate.
Bank accounts in the deceased's sole name
Depends on the balanceEach bank sets its own threshold. Most UK banks will release funds up to £5,000–£50,000 without a grant of probate. Above that threshold, a grant is usually required. Contact each bank directly to confirm their current threshold.
Assets held in trust
Probate not requiredAssets held in a trust do not form part of the deceased's estate and pass according to the trust deed — not the will or intestacy rules. No probate is required for trust assets.
Life insurance with a named beneficiary
Probate not requiredLife insurance policies with a named beneficiary (or written in trust) pay out directly to the beneficiary and do not form part of the estate. No probate is required for these policies.
Pension death benefits
Usually not requiredPension death benefits are paid at the discretion of the pension trustees and do not usually form part of the estate. No probate is required, though the trustees will need a death certificate.
Small estate (all assets below bank thresholds)
May not be requiredIf the estate consists only of small bank balances (below each bank's threshold), personal possessions and no property, it may be possible to administer the estate without a grant of probate. However, this depends on each institution's requirements.
Shares, investments or ISAs in the deceased's sole name
Usually requiredShare registrars and investment platforms typically require a grant of probate before transferring or selling investments above a certain value. The threshold varies by institution — usually £5,000–£20,000.
Bank Probate Thresholds
There is no single national threshold — each bank sets its own limit for releasing funds without a grant of probate. The table below shows approximate thresholds for major UK banks, but you should always confirm directly with the bank as these change.
| Bank | Approximate Threshold | Notes |
|---|---|---|
| Barclays | Up to £50,000 | May vary by account type |
| HSBC | Up to £50,000 | Confirm with branch |
| Lloyds / Halifax | Up to £50,000 | Bereavement team handles |
| NatWest / RBS | Up to £25,000 | Lower threshold than some |
| Nationwide | Up to £50,000 | Building society rules apply |
| Santander | Up to £50,000 | Confirm current threshold |
Important: These figures are approximate and subject to change. Always contact the bank directly to confirm their current requirements. Thresholds apply per institution, not per estate.
Frequently Asked Questions
Do I always need probate when someone dies?
No. Probate is not always required. Whether you need it depends on what assets the deceased owned, how they were held, and the value of those assets. Jointly held assets, assets in trust, and small bank balances often pass without probate. However, if the estate includes a property in the deceased's sole name, probate is almost always required.
What is the probate threshold for bank accounts in the UK?
There is no single national threshold — each bank sets its own limit. Most major UK banks will release funds without probate up to between £5,000 and £50,000. Barclays, HSBC, Lloyds and NatWest all have different thresholds. You should contact each bank directly to confirm their current requirements.
Do I need probate for a small estate?
If the estate is small — typically under £5,000 in total, with no property and all assets below the relevant bank thresholds — it may be possible to administer the estate without a grant of probate. However, this depends on each institution's requirements, and you should check with each one individually.
Does a surviving spouse always need probate?
Not necessarily. If assets were held jointly (as joint tenants), they pass automatically to the surviving spouse by survivorship — no probate is needed for those assets. However, if the deceased had assets in their sole name above the relevant thresholds, probate may still be required.
Do you need probate if there is a will?
Having a will does not remove the need for probate — it simply names the executor and sets out the deceased's wishes. Whether probate is required depends on the assets in the estate, not whether there is a will. A will does, however, make the probate process more straightforward.
Is probate required for a house?
If the house was owned in the deceased's sole name, probate is almost always required before the property can be sold or transferred. If the house was owned jointly as joint tenants, it passes automatically to the surviving owner and probate is not required for that asset.
Can I avoid probate?
Some assets pass outside of probate — including jointly held assets, assets in trust, life insurance with a named beneficiary, and pension death benefits. Careful estate planning (including the use of trusts and joint ownership) can reduce the assets that require probate. However, for most estates with property or significant bank balances, some probate process is unavoidable.
What happens if I administer an estate without probate when it was required?
Administering an estate without obtaining probate when it was required can expose the executor or administrator to personal liability. Financial institutions may refuse to release funds, and the Land Registry will not register a property transfer. If in doubt, seek legal advice before distributing any assets.
Do I need probate for a jointly owned property?
It depends on how the property was owned. If it was held as joint tenants, it passes automatically to the surviving owner by survivorship — no probate is needed for that property. If it was held as tenants in common, the deceased's share forms part of their estate and probate is likely required.
How do I know if I need probate?
The quickest way to find out is to contact each financial institution holding the deceased's assets and ask whether they require a grant of probate. If the estate includes a property in the deceased's sole name, probate will almost certainly be required. A probate solicitor can advise you quickly and without obligation.
Not Sure If You Need Probate?
Our probate team can advise you quickly — often in a single call — on whether probate is required and what the next steps are.
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Our Probate Team
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Nikolina Vukovic
Legal Executive — Wills, Trusts & Estates
Nikolina specialises in probate, wills, trusts and estate administration. She supports clients through what is often one of the most difficult periods of their lives — from straightforward administrations to complex estates involving property, inheritance tax and sensitive family circumstances.
Darren Steele
Senior Private Client Executive · STEP Member
Darren has worked in the legal sector since 1998 and has been a STEP member since 2011. He specialises in wills, trusts, lasting powers of attorney and probate — with particular expertise in inheritance tax planning and complex estate structuring.
Laura Kirton
Wills & Probate Solicitor · 10 Years Qualified
Laura is a qualified solicitor with ten years' post-qualification experience, specialising in wills, probate, and lasting powers of attorney. Known for her calm, methodical approach, she brings both legal expertise and genuine insight to every matter — particularly in emotionally complex family situations.
David Stahler
Wills, Trusts & Estates Executive
David is our first point of contact for clients enquiring about probate and estate planning. He brings a warm, personable approach to what can be a sensitive subject — and clients consistently remark on how at ease he makes them feel. Discreet, approachable, and thorough.
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