Do You Need Probate? When Probate Is Required in England and Wales

Last updated: 30 August 2026. Applies to England and Wales.

Whether you need probate depends on what the estate contains, not how much it is worth. A property held in the sole name of the person who died almost always needs a grant. An estate of any size held entirely jointly with a surviving spouse often needs nothing at all. The existence of a will does not decide it either way.

This is the most common misunderstanding we see. People assume a large estate means probate and a small one does not. The real test is how the assets were owned.

You will almost certainly need probate if

• The person owned a property in their sole name.
• They owned a property as tenants in common, rather than joint tenants.
• They held shares, investments or bonds in their sole name.
• A bank or provider holds more than its own release threshold in a sole account.
• There is an insurance policy or pension payable to the estate rather than to a named beneficiary.

You may not need probate if

• Everything was held jointly and passes automatically to the survivor by right of survivorship.
• All accounts are below the release thresholds set by the individual banks.
• Pension death benefits and life policies were written in trust or paid to named beneficiaries.
• The estate consists only of personal possessions and modest cash.

Joint tenants or tenants in common

For jointly owned property this distinction decides everything. As joint tenants, the deceased's share passes automatically to the surviving owner and no grant is needed for that property. As tenants in common, each owner holds a defined share that passes under the will or the intestacy rules, and a grant is normally required.

Many couples do not know which they are. You can check the title register at HM Land Registry: a restriction in a particular form usually indicates a tenancy in common.

Bank release thresholds vary

There is no single legal threshold. Each bank and building society sets its own limit for releasing funds without a grant, and these range from a few thousand pounds up to around £50,000. If a sole account sits above that provider's limit, they will insist on seeing the grant regardless of the size of the rest of the estate.

It is worth ringing each institution early and asking two questions: what is your threshold, and what do you need from me. The answers shape whether you need probate at all.

If there is no will

The same test applies, but the document you apply for is different. Where there is a valid will naming executors you apply for a grant of probate. Where there is no will, a close relative applies for letters of administration under the intestacy rules. Both do the same job of giving legal authority to deal with the estate.

Frequently asked questions

Is there a value below which probate is never needed?

No. There is no statutory threshold. Individual banks set their own release limits, but a sole-name property triggers the need for a grant at any value.

Do I need probate if everything was in joint names?

Usually not. Jointly held assets pass to the surviving owner automatically. You will still need death certificates to update the ownership records.

Do I need probate if there is a will?

Often yes. A will names who should deal with the estate but it does not by itself give them authority. The grant is what banks and HM Land Registry accept as proof of that authority.

What happens if I do not apply for probate when it is needed?

The estate stays frozen. Property cannot be sold or transferred, and institutions will not release funds. There is no deadline to apply, but inheritance tax deadlines run regardless.

Does this apply in Scotland?

No. Scotland has a separate process called confirmation, and the document issued is a grant of confirmation. This guide covers England and Wales.

Related reading: How much does probate cost? and how long does probate take?

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General information about England and Wales, not legal advice. Correct as at 30 August 2026. Probate Compare is a trading style of Estate Assist Ltd, company number 14495587, registered in England and Wales. ICO registration ZB470272.