Do I Need Probate? When a Grant of Probate Is and Is Not Required

When Does an Estate Require a Grant of Probate?

One of the first questions families ask after somebody dies is: “Do I need probate?”

The answer is not determined simply by the value of the estate. A small estate can sometimes require a Grant of Probate because of the type of asset involved. A much larger estate can sometimes contain substantial assets that pass automatically to a surviving joint owner without a grant being required to transfer them.

The correct answer therefore depends upon:

• whether there is a Will;
• how assets were owned;
• what organisations hold those assets;
• whether land or property forms part of the estate;
• the value and type of investments;
• the requirements imposed by banks and other institutions.

GOV.UK expressly advises personal representatives to contact the financial organisations holding the deceased’s assets because each institution can apply its own rules about whether it requires a grant.  This guide explains when probate is usually needed, when it may not be required and what families should check before making an application.

What a Grant of Probate does — and when one is needed

You may need probate if the deceased owned assets in their sole name which an organisation will not release or transfer without a Grant of Representation.

You may not need a grant where, for example:

• the deceased owned everything jointly and those assets pass automatically to the survivor;
• the estate consists only of modest savings, and the relevant institutions agree to release them without a grant;
• no property or other asset requiring formal authority needs to be transferred.

There is no universal bank-balance figure below which probate is never needed. Every bank, investment provider and financial organisation can have its own requirements.

What is a Grant of Probate?

Probate is commonly used to describe both the legal authority to administer an estate and the wider estate-administration process. Strictly speaking, the type of grant depends upon whether there is a Will. Where there is a valid Will and an executor applies, the document will normally be a Grant of Probate.

Where there is no Will, the person entitled to administer the estate will usually apply for Letters of Administration. Where there is a Will but no executor able or willing to act, Letters of Administration with Will Annexed may be appropriate. HMRC describes probate as official proof of the Will and evidence of an executor’s authority to deal with estate assets. All of these documents fall under the broader term Grant of Representation.

If the person died without a Will, the rules of intestacy decide who can apply and who inherits. We explain this in more detail in our guide: What Happens When Someone Dies Without a Will?

Which Assets Usually Require a Grant?

A grant is usually required when significant assets are held solely in the deceased’s name.

Examples may include:

• a house owned solely;
• substantial bank accounts;
• investment portfolios;
• shares;
• certain National Savings products;
• business interests.

The relevant organisation usually decides what evidence it requires before releasing an asset. The Probate Registry does not simply set one universal financial threshold.

Do I Need Probate to Sell a House?

If the deceased owned a property in their sole name, the personal representatives will ordinarily require a Grant of Representation before they can complete the sale. GOV.UK currently advises people not to make financial plans or put property on the market until probate has been obtained.

In practice, legal advice should be obtained early in any estate involving property. Executors need to establish:

• how the property was owned;
• whether it passes by survivorship;
• whether a grant is required;
• whether there is a mortgage;
• whether the property is insured;
• whether it should ultimately be sold or transferred to a beneficiary.

What if the House Was Owned Jointly?

This is where the distinction between joint tenants and tenants in common becomes important.

If property was beneficially owned as joint tenants, the deceased’s interest ordinarily passes automatically to the surviving joint owner by survivorship. GOV.UK confirms that probate may not be needed for land or property owned as joint tenants because it automatically passes to the surviving owner.

If the deceased owned their share as a tenant in common, the position is different.

Their beneficial share forms part of their estate and passes under their Will or the intestacy rules. The legal title to jointly owned land is itself subject to additional land-law rules, so personal representatives should not assume that the words “joint ownership” answer every question.

Our separate guide to Joint Tenants vs Tenants in Common explains this distinction in more detail.

Do I Need Probate for a Joint Bank Account?

Often not, for the purpose of allowing the surviving account holder to continue dealing with the account, but ownership should still be considered carefully. Many joint accounts pass to the surviving account holder outside the probate process. GOV.UK states that money or shares owned jointly may pass automatically to the surviving owner unless there was an agreement to the contrary.

However, a bank account bearing two names does not necessarily resolve every question about beneficial ownership or taxation. The bank should be notified of the death ,and the circumstances should be considered as part of the overall estate administration.

Do I Need Probate if My Spouse Has Died?

Not necessarily. Marriage itself does not determine whether probate is required. If the deceased spouse owned everything jointly with the survivor, much of the estate may pass automatically.

If they owned:

• a house solely;
• substantial bank savings solely;
• investment accounts;
• shares;
• business assets;

a grant may still be needed.

The correct question is therefore how the assets were owned, not simply whether the deceased was married.

Do I Need Probate if There Is a Will?

Possibly. Having a Will does not remove the need for probate. A Will determines:

• who the executors are;
• who should inherit;
• how the estate should be distributed.

A Grant of Probate provides formal evidence of an executor’s authority where organisations require it before releasing or transferring assets. A perfectly valid Will can therefore exist in an estate where a grant is still necessary.

Do I Need Probate if There Is No Will?

Again, it depends upon the assets. Where a grant is required and there is no Will, the appropriate document will normally be Letters of Administration rather than a Grant of Probate. The person entitled to apply is determined according to statutory rules. The absence of a Will does not automatically mean a grant is always required, just as the existence of a Will does not mean one is unnecessary.

Is There a Minimum Estate Value for Probate?

There is no single statutory probate threshold applying to every asset. This often causes confusion.

Different financial institutions set their own limits for releasing money without a grant. A bank may therefore release an account in one estate without probate while another institution requires a grant for an account of a similar value.

GOV.UK specifically tells personal representatives to contact each financial organisation and ask whether probate is required. It is therefore unsafe to rely upon statements online such as “probate is never needed for estates worth less than £50,000″. That may reflect a particular institution’s internal policy rather than the law.

Is the £5,000 Probate Figure a Threshold?

No, not in the sense that many people assume. The £5,000 figure relates to the Probate Registry application fee, not a universal rule determining whether probate is required.

As at September 2026, the application fee is:

• £526 where the estate exceeds £5,000;
• no probate application fee where the estate is £5,000 or less.

Extra copies ordered with the application currently cost £2 each. An estate worth more than £5,000 might still not require a grant if all of its assets pass automatically or institutions release them without one. Conversely, the need for a grant is determined by the assets and circumstances, not merely the fee threshold.

You can find further information on current application fees here: gov.uk/applying-for-probate/fees

Do I Need Probate to Access Bank Accounts?

Sometimes. The bank will normally freeze an account held solely by the deceased once it has been notified of the death, subject to its own procedures. The personal representatives should ask what documentation is required.

Depending on the value and type of account, a bank may:

• release the money without probate;
• require a Grant of Probate;
• require Letters of Administration;
• permit specific payments such as funeral expenses directly from the deceased’s account.

The thresholds vary between institutions and may change.

Do I Need Probate for Premium Bonds or National Savings?

NS&I applies its own estate procedures and thresholds. Rather than relying upon a general probate rule, personal representatives should notify NS&I and establish what evidence is required for the particular holdings. The same principle applies to investment providers and share registrars.

Do I Need Probate for Shares?

Potentially. How the shares were held, their value and the requirements of the registrar or investment platform will determine what documentation is needed. Where investments are held within a portfolio or platform, probate is more likely to be required for substantial solely owned assets. Jointly owned investments may be dealt with differently.

Do Pensions Require Probate?

Pension death benefits often operate outside the estate, particularly where scheme trustees or providers have discretion over who receives the death benefit. That means a pension may not require probate in the same way as a solely owned bank account. However, pension arrangements differ considerably.

The pension provider should always be notified and asked:

• what benefits are payable;
• to whom;
• whether nominations exist;
• whether the payment forms part of the estate;
• what evidence is required.

Does Life Insurance Require Probate?

Sometimes, but not always. A policy written in trust may pay directly to the trustees or beneficiaries rather than into the deceased’s estate. A policy payable to the estate may form part of the estate administration and the insurer may require probate depending upon the circumstances. The policy terms and ownership arrangements therefore need to be checked.

Do I Need Probate if the Estate Is Very Small?

Possibly not. A small estate consisting only of modest bank savings and personal belongings may sometimes be administered without a grant if the institutions agree to release the assets.

That does not mean there are no administration responsibilities. The person dealing with the estate must still consider:

• debts;
• funeral costs;
• tax;
• correct beneficiaries;
• the intestacy rules where there is no Will.

“Probate not required” does not mean “no estate administration required”.

What Happens if I Apply for Probate When I Do Not Need It?

There is no advantage in applying for a grant merely for the sake of having one if no organisation requires it. Before applying, GOV.UK expressly directs personal representatives to check whether probate is needed. That avoids unnecessary cost and administration. However, there may be estates where obtaining a grant is appropriate even though some assets could have been released without one. The position should be considered as a whole.

How Do I Check Whether Probate Is Required?

A sensible process is:

1. Find the original Will, if there is one.
2. Identify all assets and liabilities.
3. Establish whether each asset was owned solely or jointly.
4. Contact every bank and financial institution.
5. Ask each organisation whether a Grant of Representation is required.
6. Check how any property was owned.
7. Establish the Inheritance Tax position.
8. Obtain legal advice where ownership or entitlement is unclear.

Do not assume that what one bank says applies to all the others.

Do I Need to Value the Estate if Probate Is Not Required?

The estate may still need to be valued for tax and administration purposes. Executors or administrators need to know:

• what assets existed;
• their date-of-death values;
• what liabilities existed;
• whether Inheritance Tax reporting is required;
• what remains available for distribution.

GOV.UK requires the estate to be valued before applying for probate and provides separate guidance about excluding certain jointly owned assets from the gross probate value. Even where no grant is ultimately needed, accurate estate information is still important. GOV.UK: How to value an estate for Inheritance Tax and report its value

Do I Need Probate Before Paying Inheritance Tax?

The sequence is generally the other way around where Inheritance Tax is payable.

A payment towards Inheritance Tax will normally need to be made before the Grant of Representation can be obtained. GOV.UK states that Inheritance Tax is generally due by the end of the sixth month following the month of death and that an initial payment is usually required before probate can be issued.

This can create cash-flow difficulties where most of the estate value is tied up in property.

Specialist advice may be necessary.

Can I Deal With Probate Myself?

Yes. There is no general requirement to use a solicitor. For a straightforward estate, an executor may be perfectly comfortable:

• valuing the assets;
• completing the application;
• collecting the estate;
• paying debts;
• distributing the balance.

Professional assistance becomes more valuable where:

• the estate is taxable;
• a property is involved;
• trusts exist;
• there are business interests;
• foreign assets exist;
• the Will is unclear;
• a beneficiary is missing;
• there is a dispute;
• the estate may be insolvent;
• the executor is worried about personal liability.

A solicitor can also sometimes assist with the grant alone while the executor completes the remainder of the administration. For a full explanation of executor responsibilities, see our guide: Executor Duties: A Guide to Probate for Families in Cleveleys.

How Long Does Getting Probate Take?

The Grant of Probate and administration of the estate should be treated as separate stages.

Current GOV.UK guidance says applicants will usually receive probate within 12 weeks after submitting the application, although applications requiring additional information can take longer.

The whole estate administration often takes longer because property may need to be sold, debts settled and tax dealt with. A future article in this series will deal specifically with the probate timeline.

Probate Solicitors in Blackpool, Cleveleys and the Fylde Coast

MJV Solicitors helps executors, administrators and families throughout Blackpool, Thornton-Cleveleys, Fleetwood, Bispham, Poulton-le-Fylde, Lytham St Annes and the surrounding Lancashire area.

We can advise whether probate is actually required before an unnecessary application is made.

Where a grant is needed, we can assist with:

• Grants of Probate;
• Letters of Administration;
• estate valuations;
• Inheritance Tax;
• estate property;
• asset collection;
• estate administration;
• distributions to beneficiaries.

Some clients want us to deal with everything. Others simply need help obtaining the grant. Both approaches are possible depending upon the estate.

To speak to a member of our team for a free, no-obligation discussion, please complete our enquiry form or contact us by calling 01253 858231or emailing info@mjvlaw.co.uk

This blog post is not intended to be taken as legal advice or acted upon. If you require advice tailored to your circumstances, please contact our solicitors.

Related guides and resources:

• Executor Duties: A Guide to Probate for Families in Cleveleys
• Protecting Your Future: Why You Should Set Up a Lasting Power of Attorney
• When Families Run into Problems Without a Lasting Power of Attorney
• What Happens When Someone Dies Without a Will?
• Should I Use A DIY Will Service?

Final Thoughts

Probate is not required simply because somebody has died. Nor is there one monetary threshold that answers the question for every estate.

The key issues are what the deceased owned, how they owned it and what evidence the organisations holding those assets require before they will release or transfer them. Jointly owned assets may pass automatically. Small accounts may sometimes be released without a grant. Solely owned property and substantial investments are much more likely to require formal authority. That is why the best first step is not automatically to make a probate application. It is to establish exactly what is in the estate and determine whether a Grant of Representation is actually needed.