Notes
Do you always need probate when someone dies in the UK?
No. You only need probate if the deceased owned significant assets in their sole name. Jointly owned property, bank accounts under £5,000, life insurance and pension payouts pass automatically to the named beneficiary. Small estates can also skip probate. If the estate is below the Inheritance Tax threshold (£325,000 for a single person in 2026/27) and there is a valid will, some banks release funds without the grant.
Whether probate is needed depends on how each individual asset was held, not the total estate value. Use the asset-by-asset breakdown below to check what applies to you.
The short version:
- Jointly owned property and accounts pass to the surviving owner automatically
- Life insurance, pensions and savings held in trust for a named beneficiary bypass probate
- Small estates can release funds without a grant if there is a will and no IHT is due
- Only assets held solely in the deceased's name typically require probate
- The threshold depends on the asset type, not just the total estate value
Assets that skip probate entirely
Some assets pass automatically by law or contract and never need a grant.
Jointly owned property held as 'joint tenants' passes straight to the surviving owner. No court process is needed.
Life insurance and pension death benefits paid to a named beneficiary bypass probate. The insurer or pension scheme pays the person named on the policy, not the estate.
Joint bank and building society accounts pass to the surviving account holder automatically.
Savings held in trust pass directly to the person named in the trust deed, not through the estate.
| Asset type | What happens | Who receives it |
|---|---|---|
| Jointly owned property | Passes by right of survivorship | Surviving joint owner |
| Life insurance (named beneficiary) | Insurer pays direct | Named beneficiary |
| Pension death benefit (named beneficiary) | Pension scheme pays direct | Named beneficiary |
| Joint bank or building society account | Passes automatically | Surviving joint owner |
| Savings held in trust | Passes under the trust deed | Named trust beneficiary |
Assets that do need probate
Assets held solely in the deceased's name usually require a grant before anyone can deal with them.
Sole-name property always needs probate. No solicitor or property company will transfer the title without the grant.
Private company shares and business interests need probate to prove the executors have authority to sell or transfer them.
Sole-name savings accounts need probate if the balance exceeds the bank's own limit, often £5,000, but this varies.
Investment accounts and premium bonds held in the deceased's sole name normally require probate.
| Asset type | Threshold or condition | Why |
|---|---|---|
| Property in sole name | No threshold | Title must be transferred legally |
| Private company shares | No threshold | Ownership must be formally proved |
| Sole-name bank account | Usually above £5,000 (varies by bank) | Bank will not release without grant |
| Investment account (sole name) | No threshold | Broker needs proof of authority |
| Premium bonds (sole name) | Typically above £5,000 | NS&I requires grant if over limit |
Small estates that can skip probate
If the estate is below £325,000 and there is a valid will, many banks will release funds on sight of the will and a death certificate alone. This is called 'release on will'. Each institution sets its own limit, often between £5,000 and £15,000 per account, so ask them directly.
Some building societies and councils accept a statutory declaration from the executor instead of probate for very small estates, typically under £5,000.
Scotland and Northern Ireland have different rules. In Scotland you may not need confirmation (the Scottish equivalent of probate) for small estates. Check with Scottish Courts or your local sheriff court.
How to find out if you need probate
List every asset the deceased owned: property, bank accounts, savings, shares, pensions, life insurance.
For each asset, check whether it was jointly held, had a named beneficiary, or was in sole name. Ring the organisation holding it and ask: 'Do you need a grant of probate before I can access or transfer this asset?'
Do not assume all banks have the same threshold. One may release £10,000 on the will alone; another may require a grant for any amount.
If most assets are jointly owned or have named beneficiaries, probate may not be needed. If the deceased owned sole-name property or held substantial savings alone, probate is almost certainly required.
The asset-by-asset test, the gap the ranking pages miss
Most guidance treats probate as an all-or-nothing decision tied to estate size. In reality it depends entirely on how each individual asset was held. A person with £2 million in jointly owned property and named beneficiaries on their pension and life insurance may not need probate at all. Someone with £200,000 in a sole-name savings account will.
An executor who wrongly assumes probate is needed wastes months and hundreds of pounds. One who wrongly assumes it is not needed will find themselves unable to sell property or access a business. Ranking pages rarely walk through asset types with the specific conditions for each.
When to get professional help
You do not need a solicitor to establish whether probate is needed. Ring the asset holder and ask. If all assets skip probate, you may need no professional help at all. Seek legal advice if the estate includes sole-name property, the will is contested, the deceased left no will, or you are unsure whether a jointly owned asset truly passes automatically (this depends on how it was registered).
A probate solicitor can answer these questions quickly before you start applying.
Common questions
If my spouse dies and we owned our house together, do I need probate?
No. If the house was held as 'joint tenants' (check the title deeds), it passes to you automatically by right of survivorship. Provide the mortgage lender or land registry with a death certificate and they will transfer it to your sole name without probate.
What if there's a will but all the assets are jointly owned?
The will still needs to be read to clarify intentions and deal with any other matters, but probate is not needed to access or transfer jointly owned assets. They pass by survivorship, not under the will.
How much can a bank release without a grant of probate?
It varies by bank. Ring and ask. Most have a threshold, often £5,000 to £15,000, but some release nothing without a grant. There is no single UK rule.
If the estate is under the tax threshold, can I always skip probate?
Not necessarily. The Inheritance Tax threshold (£325,000 in 2026/27) is separate from the probate requirement. You still need probate if the deceased owned property or shares in their sole name, regardless of the total estate value.
Do Scotland and Northern Ireland have the same probate rules as England and Wales?
No. Scotland uses 'confirmation' instead of probate and has different rules for small estates. Northern Ireland has its own process. If the deceased died in either jurisdiction, contact the local sheriff court or probate service for guidance.
The complete system
the Claro guide
For the full step-by-step process, the Claro guide is the complete system to act on this.