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Do You Always Need Probate? When Probate Is Required in the UK

· 21 min

Note: The following scenario is fictional and used for illustration.

Emma, 42, became executor of her father's estate when he died unexpectedly in November 2024. His estate was straightforward: £18,000 across two bank accounts, a £3,200 car, and personal possessions. No property, no investments, no debts.

Emma spent three weeks researching whether she needed probate, finding conflicting information online. One website said estates under £25,000 don't need probate. Another said probate is always required.

Her father's bank said they'd release funds up to £25,000 without probate, but his building society insisted they needed a Grant of Probate for any amount over £5,000. In the end, Emma had to apply for probate for the entire £21,200 estate—paying £300 in fees and waiting 4 weeks—because just one institution required it.

In 2024, approximately 27,400 probate grants were issued monthly in the UK, but many executors like Emma apply for probate unnecessarily because they don't understand the thresholds, while others face delays because they assume small estates never need it.

This article explains exactly when probate is required in the UK, when you can avoid it, and how to check with certainty—so you don't waste time, money, or stress on unnecessary applications.

Table of Contents

What Is Probate and Why Does It Matter?

Probate is the legal process that proves a will is valid and confirms the executor has authority to distribute the deceased's estate. When probate is granted, the court issues a Grant of Probate—an official certificate that gives executors the legal right to access funds, sell property, and close accounts.

The Grant of Probate is a simple document showing the executor's name, the date of death, and the estate's value. Banks, building societies, and the Land Registry require it because it protects them from legal liability. If they release funds to the wrong person, they're legally protected as long as they verified the Grant of Probate first.

Probate doesn't help you distribute the estate—it just proves you have the right to do so.

As of 2025, the probate application fee is £300 for estates over £5,000, with no fee for estates valued at £5,000 or less. The average waiting time for a Grant of Probate has reduced to approximately 4 weeks, down from 12 weeks at the end of 2023.

This article covers England and Wales. Scotland uses a different process called "confirmation," and Northern Ireland has separate probate rules.

The Simple Answer: When Probate Is Always Required

You need probate if any of these situations apply, regardless of the estate's value:

Solely-Owned Property

If the deceased owned property—a house, flat, or land—in their sole name or as tenants in common, probate is required to transfer or sell it. No exceptions.

Michael owned a £180,000 flat in his sole name. Even though he left everything to his wife in his will, she needed probate to transfer ownership to her name. The Land Registry wouldn't update the title without it.

Under the Law of Property Act 1925, property ownership can only transfer through probate unless held as joint tenants.

Assets Above Institutional Thresholds

If any bank, building society, pension provider, or investment firm holding the deceased's assets requires probate, you must obtain it. This typically happens when balances exceed their internal threshold.

David's estate had £8,000 in one bank account and £12,000 in another. The first bank released funds without probate because their threshold was £25,000. The second bank required probate because their threshold was £10,000.

Because one institution required probate, David's executor had to obtain it for the entire estate.

Disputes or Challenges

If there's any dispute about the will's validity, who should be executor, or how assets should be distributed, the court requires probate to resolve it legally.

Foreign Assets

If the deceased owned assets outside the UK, you may need both UK probate and a separate grant in the foreign jurisdiction to access those assets.

When Probate Is Never Required

These assets pass automatically without probate, regardless of value:

Joint Tenants Property

Property owned as joint tenants automatically passes to the surviving owner through the right of survivorship under the Law of Property Act 1925, Section 36. The Land Registry accepts the death certificate alone to update ownership.

Sarah and her husband owned their £320,000 home as joint tenants. When he died, Sarah updated the Land Registry with just his death certificate—no probate needed.

This only applies to joint tenants, not tenants in common. With tenants in common, each person owns a specific share that forms part of their estate and requires probate to transfer.

Joint Bank Accounts

Money in joint accounts passes automatically to the surviving account holder, regardless of balance.

Tom held a joint account with £45,000 with his wife. She accessed the full balance immediately with his death certificate—no probate required.

Assets Payable on Death

Life insurance policies, pension death benefits, and accounts with named beneficiaries pay directly to those beneficiaries, bypassing the estate entirely.

This only works if a beneficiary is named. If the policy is payable to "the estate," probate is required.

Trust Assets

Assets held in trust don't form part of the deceased's estate and pass according to the trust's terms without probate.

Very Small Estates

Estates under £5,000 almost never require probate. Banks typically release these funds on the death certificate alone, using internal procedures for small amounts.

The Gray Area: Bank and Building Society Thresholds

This is where probate becomes genuinely confusing. There's no UK law setting a universal probate threshold—each financial institution sets its own internal limit.

Banks and building societies typically set thresholds between £5,000 and £50,000. The variation creates the confusion executors like Emma experience.

Current Bank Examples (2025)

Based on current institutional policies, here are specific examples:

Institution Typical Threshold Notes
Barclays £50,000 May vary by account type
Santander £50,000 Depends on will and relationship
Nationwide £50,000 Case-by-case assessment
Yorkshire Building Society £30,000 Lower for intestacy
Monzo £5,000 Digital bank, lower threshold
NS&I (Premium Bonds) £5,000-£15,000 Depends on will and executor count

These are examples only. Thresholds change frequently and vary by individual circumstances. Always check directly with each institution.

The Aggregation Rule

If the deceased had multiple accounts at the same bank, they total all balances—even if each individual account is below the threshold.

James had three accounts at Barclays: £12,000, £8,000, and £9,000. Each account was below the £25,000 threshold, but the total (£29,000) exceeded it. Probate was required.

The "One Institution" Rule

If even one financial institution requires probate, you must obtain it for the entire estate. You cannot selectively apply for probate for some assets but not others.

This is why Emma needed probate despite her father's modest £21,200 estate. The building society's £5,000 threshold triggered probate for everything.

How to Check

Contact each institution directly with the death certificate and ask: "What is your probate threshold, and will you release funds without a Grant of Probate?"

Document their response in writing. This protects you if they later change their position.

How to Check If You Need Probate: Step-by-Step Process

Follow this five-step process to determine your probate requirements with certainty.

Step 1: List All Assets

Create a complete inventory:

  • Bank and building society accounts with account numbers and approximate balances
  • Property with addresses, ownership type, and whether sole name or joint
  • Investments including ISAs, stocks, shares, and investment accounts
  • Pensions with provider names and policy numbers
  • Life insurance policies
  • Vehicles, valuable possessions, and digital assets
  • Business interests or partnership shares

Step 2: Determine Property Ownership Type

Check Land Registry records to see if property is owned as "joint tenants" or "tenants in common."

Joint tenants means no probate. Tenants in common means probate is required.

Land Registry searches cost £3 per property and provide definitive ownership information.

Step 3: Contact Each Financial Institution

Call or write to each bank, building society, pension provider, and investment firm. Provide the death certificate reference.

Ask specifically: "What is your probate threshold? Will you release funds or close the account without a Grant of Probate?"

Request written confirmation of their response via email or letter.

Step 4: Apply the "One Institution" Rule

If any institution says they require probate, you need it for the entire estate.

If all institutions confirm they'll release funds without probate, and there's no solely-owned property, you can proceed without probate.

Step 5: Consider Other Factors

Are there disputes about the will or who should inherit? Are there foreign assets requiring additional grants? Does anyone want to challenge the will?

If any of these apply, probate is likely required regardless of asset values.

Small Estate Exemptions: What Actually Qualifies

There's no legal definition of a "small estate" in UK probate law. The term refers to informal practices where institutions release funds without probate.

Historical Context

Traditionally, estates under £5,000 were considered too small for probate. Many institutions now release amounts up to £50,000 in certain circumstances, but no legal threshold exists.

Excepted Estates (Inheritance Tax Context)

For inheritance tax purposes, estates under £325,000 with no inheritance tax due are "excepted estates" requiring simplified IHT paperwork.

The excepted estate threshold increased to £3 million in 2022 if everything passes to a spouse or charity.

This is about inheritance tax reporting, not probate requirements. An excepted estate for IHT purposes may still require probate if institutions demand it or property is solely owned.

Small Estate Declaration

Some banks provide Small Estate Declaration forms for executors to sign, confirming the estate is below their threshold and they're entitled to funds.

These include an indemnity clause where the executor guarantees probate isn't needed and accepts personal liability if that's wrong.

Only use Small Estate Declarations when you're certain all institutions will accept them.

Common Misconception

"My parent's estate is only £20,000, so I don't need probate."

This is wrong if they owned property in their sole name—probate is always required regardless of property value.

This is also wrong if any institution holding assets requires probate.

This is only right if all assets are jointly held or below all institutional thresholds.

Linda's mother died with £22,000 in savings and no property. Linda assumed this was a "small estate" and didn't need probate. She was right—both banks released funds on the death certificate alone.

But her friend Mark's father died with just £15,000 in savings and a £180,000 house. Mark needed full probate despite the low cash amount because of the solely-owned property.

Joint Assets and the Right of Survivorship

The right of survivorship is one of the most powerful probate-avoidance mechanisms in English law, yet many executors don't understand it.

Right of survivorship (jus accrescendi) means joint tenants each own 100% of the asset together. When one dies, the survivor continues owning 100% automatically.

The legal basis is the Law of Property Act 1925, Sections 1(6) and 34(1). The asset doesn't form part of the deceased's estate, so probate isn't needed.

Joint Tenants vs. Tenants in Common

This distinction is critical:

Joint tenants: Right of survivorship applies. Property passes automatically to survivor(s). No probate needed.

Tenants in common: Each person owns a specific share (such as 50/50). Their share forms part of their estate. Probate is required to transfer that share.

Check Land Registry records to determine which applies. The £3 search provides certainty.

Assets With Right of Survivorship

  • Property owned as joint tenants
  • Joint bank accounts
  • Joint investment accounts (if structured correctly)
  • Joint Premium Bonds (rare but possible)

Inheritance Tax Still Applies

Even though assets pass without probate, their value is included in the estate for inheritance tax purposes. Right of survivorship avoids probate, not tax.

Updating Ownership

The survivor provides the death certificate to the Land Registry (for property) or bank (for accounts) to update records.

This is a simple administrative process. For property, complete form DJP (Death of Joint Proprietor) and send it with the death certificate. The Land Registry updates the title within 2 weeks.

Peter and his wife owned their £320,000 home as joint tenants. When Peter died, his wife sent his death certificate to the Land Registry with form DJP. Within 2 weeks, the property title showed her as sole owner—no probate, no solicitor, no £300 fee.

If they'd owned as tenants in common, she'd have needed full probate to transfer Peter's 50% share to her name.

Probate Fees and Timeline in 2025

Probate costs and processing times have changed significantly in recent years.

Current Probate Fees (2025)

As of 2025, probate fees are:

  • £300 for estates over £5,000
  • £0 for estates £5,000 or less
  • £16 per extra certified copy of the grant

The fee is waived for emergency responders and armed forces members killed in service under the Court and Tribunal Fees Order 2025.

Processing Times (2025 Data)

Average probate waiting times are approximately 4 weeks from application to grant issue as of December 2024.

Digital applications for straightforward cases average 3 weeks. Around 80% of applications are now submitted digitally.

This represents significant improvement. At the end of 2023, average processing times were 12 weeks.

Digital vs. Paper Applications

Digital applications are faster and more convenient. You can apply online if you're the executor and have the original will.

Paper applications are necessary for complex estates or if the will is lost. These take longer—typically around 15 weeks.

In 2024, 67% of grants were digital applications.

When Timeline Extends

Several factors can delay probate:

Disputes or caveats: Can add months or years to the process. Anyone can file a caveat to block probate while disputes are resolved.

Missing documents: Requires resubmission and restarts the clock.

Inheritance tax complications: HMRC must clear the estate before the grant is issued, which can add weeks.

Stopped applications: Suspicious circumstances, missing wills, or contested executors trigger detailed investigations.

The probate system has reduced its backlog by over 50,000 cases since August 2023, improving efficiency significantly.

What Happens If You Get It Wrong

Getting probate requirements wrong creates consequences ranging from inconvenience to serious legal liability.

If You Apply Unnecessarily

You waste £300 in fees and 4+ weeks waiting. There's no legal penalty—just inefficiency.

However, the Grant of Probate provides extra legal protection even when not strictly required. Some executors apply for probate as insurance against challenges, even when institutions would release funds without it.

If You Don't Apply When Required

This creates serious problems:

Banks and institutions refuse to release funds or transfer assets. You're completely stuck. You cannot access money to pay bills, funeral costs, or beneficiaries.

Property cannot be sold or transferred. The Land Registry requires probate for solely-owned property or property held as tenants in common. Without it, the property is frozen.

Potential legal liability. If you distribute assets without authority, you're personally liable if someone challenges your actions.

Beneficiaries can sue. If your failure to obtain probate causes losses or delays, beneficiaries can hold you responsible.

Anyone who knowingly acts without a grant when one is required can face personal liability for the consequences.

Penalties for Fraudulent Claims

Small Estate Declarations include indemnity clauses. You guarantee accuracy and accept liability if your declaration is wrong.

If you falsely claim probate isn't needed and the institution releases funds, you're personally liable if someone challenges. Fraud prosecution is possible for intentional misrepresentation.

How to Fix Mistakes

If you distributed assets without realizing probate was needed, stop immediately. Apply for probate now. Document everything you've already distributed.

If you applied but didn't need to, no fix is needed. Continue with estate administration.

If you're unsure whether probate is needed, apply anyway. It's better to be safe than face the consequences of getting it wrong.

Rachel was told her aunt's £18,000 estate didn't need probate. She signed Small Estate Declarations for two banks, which released the funds. Three months later, a building society holding £7,000 demanded probate—but Rachel had already distributed the estate to beneficiaries.

She had to apply for probate late, delay final distribution, and personally fund the £300 fee because the estate was closed. If she'd checked all institutions upfront, she'd have known probate was required and saved the headache.

How to Make Probate Easier for Your Own Family

The confusion you're experiencing right now as an executor is exactly what your family will face when you die—unless you plan ahead.

Create a Valid Will

Dying without a will forces your family through intestacy rules and probate. Intestacy is more complicated than probate with a valid will.

A will makes probate faster because executors know who you chose, what you want, and where assets are located.

Without a will, your family must apply for Letters of Administration, a similar but more complicated process.

Consider Joint Tenancy for Property

If you own property with a spouse or partner, holding it as joint tenants avoids probate on the first death. The property passes automatically to the survivor.

You can sever the joint tenancy later if circumstances change by giving written notice under the Law of Property Act 1925, Section 36(2).

Remember that inheritance tax still applies to the estate value, even though probate isn't needed.

Document Your Assets

Create an Asset Inventory listing every account, policy, property, and investment with account numbers and approximate values.

This saves executors weeks of detective work. They'll know exactly which institutions to contact and what questions to ask.

WUHLD includes an Asset Inventory Guide as part of the will package to help with this documentation.

Name Beneficiaries Directly

Life insurance policies, pensions, and some investments allow you to name beneficiaries directly. These bypass probate entirely.

Review and update beneficiary nominations every 2-3 years to ensure they reflect your current wishes.

Reduce Estate Complexity

Consider consolidating multiple small accounts into fewer larger accounts. Fewer accounts mean fewer institutions for executors to contact and less chance of confusion about thresholds.

Keep Your Will and Documents Accessible

Tell your executor where to find your will, asset list, and important documents.

Lost or unclear wills contribute to probate disputes and delays. Make sure your executor knows exactly where everything is stored.

Frequently Asked Questions

Q: Do I need probate if the estate is under £5,000?

A: Generally no. Most banks and financial institutions will release funds for estates under £5,000 without requiring probate. However, if the deceased owned property in their sole name, you'll still need probate regardless of the estate value.

Q: What is the probate threshold for banks in the UK?

A: There's no single threshold—each bank sets its own limit, typically ranging from £5,000 to £50,000. For example, Barclays releases up to £50,000 without probate in some cases, while Monzo requires probate for amounts over £5,000. You must contact each institution directly to confirm their current threshold.

Q: Do I need probate for joint bank accounts?

A: No. Money in joint bank accounts automatically passes to the surviving account holder through the right of survivorship, without requiring probate. This applies regardless of the account balance.

Q: Do I need probate if property is owned as joint tenants?

A: No. Property owned as joint tenants automatically passes to the surviving owner through the right of survivorship under the Law of Property Act 1925. You can update the Land Registry using just the death certificate and form DJP.

Q: How long does it take to get probate in 2025?

A: As of December 2024, average probate waiting times are approximately 4 weeks, down from 12 weeks in late 2023. Digital applications for straightforward estates take about 3 weeks from submission to grant issue. Around 80% of applications are now processed digitally.

Q: What happens if one bank needs probate but others don't?

A: If even one financial institution requires a Grant of Probate, you'll need to obtain it for the entire estate. You cannot selectively apply for probate for some assets but not others. This is the "one institution rule" that catches many executors by surprise.

Q: Do I need probate if everything was left to a spouse?

A: It depends on the asset types. Assets held as joint tenants pass automatically without probate. However, if the deceased owned solely-held bank accounts above the bank's threshold or property as tenants in common, probate is required even when everything goes to a spouse.

Q: What is the probate fee in 2025?

A: The probate application fee is £300 for estates over £5,000. There's no fee for estates valued at £5,000 or less. Extra certified copies of the grant cost £16 each. The fee is waived for emergency responders and armed forces members killed in service.

Q: Can I access any money before probate is granted?

A: Yes, for small balances below the bank's threshold, or for funds in joint accounts. Some banks also release small amounts for funeral expenses (typically £5,000-£15,000) before probate, though this varies by institution. Contact each bank directly to ask about their funeral expense policy.

Q: What counts as a 'small estate' for probate purposes?

A: There's no legal definition of "small estate" in UK law. Historically, estates under £5,000 rarely required probate. Many banks now release funds up to £25,000 or even £50,000 without probate. However, if the estate includes solely-owned property, it's not considered "small" for probate purposes regardless of value.

Conclusion

Key takeaways:

  • Probate is always required for solely-owned property, regardless of value—but never required for property owned as joint tenants
  • Bank thresholds vary from £5,000 to £50,000—contact every institution to check their specific limit before assuming you can avoid probate
  • If even one institution requires probate, you need it for the entire estate—there's no partial probate option
  • Joint assets (joint tenant property, joint bank accounts) pass automatically through right of survivorship without probate
  • Check Land Registry records (£3) to determine if property is held as joint tenants or tenants in common—this single distinction determines whether probate is needed

Understanding when probate is required removes the overwhelming uncertainty that executors like Emma face. You now know the exact questions to ask, the specific thresholds to check, and the legal distinctions that matter. Whether you need probate or can avoid it, you're equipped to move forward with confidence—and more importantly, you understand how to spare your own family this confusion by planning your estate properly now.

Need Help with Your Will?

Dealing with someone else's estate shows you exactly why proper planning matters. Creating a legally valid will with clear asset documentation means your family won't face the confusion and delays you're experiencing now.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Probate Process:

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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