Do You Need Probate UK? Complete Guide 2025

One of the first questions executors ask after someone dies is: "Do I need probate?" The answer depends on what the person owned, how much it's worth, and how it was owned. This guide explains exactly when probate is required in the UK.

What is probate?

Probate is the legal process that gives you (the executor or administrator) the authority to deal with someone's estate after they die. The court issues a document called a grant of probate (if there's a will) or letters of administration (if there's no will).

This legal authority allows you to:

• Access the deceased's bank accounts
• Sell or transfer property
• Collect money from investments and pensions
• Pay debts and taxes
• Distribute the estate to beneficiaries

Without probate, banks and other institutions will refuse to release assets—even to close family members.

When probate is always needed

You always need probate if:

1. The estate includes property or land

If the deceased owned any property or land in their sole name (or as tenants in common), you'll need probate to transfer or sell it—regardless of value.

The Land Registry will not register a change of ownership without seeing the grant of probate.

2. Assets exceed the bank's threshold

If the person had money in banks or building societies and the total exceeds the institution's threshold (typically £5,000-£50,000), you'll need probate.

Each institution sets its own limit—we'll cover specific thresholds below.

3. Shares or investments

If the deceased owned shares directly (not through an ISA or joint account), you'll usually need probate to transfer or sell them.

When probate isn't needed

You don't need probate if:

1. The estate is small (under the threshold)

If the deceased only had bank accounts with small balances under each institution's threshold, you won't need probate. For example:

• £2,000 at Barclays
• £3,500 at Santander
• £1,000 in Premium Bonds
• Total: £6,500 — no probate needed (each is under the threshold)

2. All assets were joint

Assets held jointly (joint bank accounts, property owned as joint tenants) automatically pass to the surviving owner without probate.

3. Assets had nominated beneficiaries

Some assets bypass probate through nomination:

• Life insurance policies written in trust
• Pensions with nominated beneficiaries
• Some ISAs and savings accounts with nomination forms

These pay out directly to the named person without needing probate.

4. Everything left to spouse

Even if probate would normally be needed, some banks will release funds directly to a surviving spouse or civil partner if:

• The will leaves everything to the spouse
• The spouse is the sole executor
• The bank is satisfied with the will's validity

This is at the bank's discretion and not guaranteed.

Bank probate thresholds 2025

Each bank sets its own threshold for releasing funds without probate. Here are typical limits for major UK institutions:

Probate and property: what you need to know

Property is the most common reason people need probate. Here's how it works:

Sole ownership

If the deceased owned property in their name alone, you always need probate—even if the property is worth very little or heavily mortgaged.

Joint tenants vs tenants in common

How property was owned matters enormously:

• Joint tenants: Property automatically passes to the surviving owner(s). No probate needed for the property itself (though you may still need it for other assets).
• Tenants in common: The deceased's share forms part of their estate. Probate is required to transfer their share.

Check the property deeds or Land Registry documents to see which applies. Most married couples own as joint tenants; siblings or business partners often own as tenants in common.

Leasehold property

Leasehold flats follow the same rules as freehold property. If owned solely, you need probate. The freeholder or management company will require sight of the grant before updating their records.

Joint assets and probate

Joint ownership is a simple way to avoid probate for specific assets.

Joint bank accounts

Most joint accounts operate on a "right of survivorship" basis—the account automatically belongs to the surviving account holder when one person dies.

The bank will typically:

• Freeze the account temporarily
• Request a death certificate
• Remove the deceased's name and transfer the account to the survivor

No probate needed.

Joint savings and investments

Joint ISAs, Premium Bonds, and investment accounts generally follow the same principle—they pass to the survivor without probate.

Quick probate checker

Work through this checklist to determine if you need probate:

If you're still unsure, contact each bank and institution directly to ask their specific requirements.

Do you need probate if there's no will?

Yes—if probate would have been required with a will, it's still required without one. The same thresholds and rules apply.

The differences are:

• You apply for letters of administration instead of grant of probate
• Only certain people can apply (usually close family members, following a priority order)
• The estate is distributed according to intestacy rules, not the deceased's wishes

The application process is similar, but you'll need to provide additional documentation proving your relationship to the deceased and your right to administer the estate.

How to apply for probate (overview)

If you've determined you need probate, here's what's involved:

Step 1: Value the estate

Contact every institution to get valuations as of the date of death. You'll need professional valuations for property.

Step 2: Complete the inheritance tax forms

Even if no tax is due, you must report the estate's value to HMRC. Most estates use the simpler IHT205 form. Larger estates need the 17-page IHT400.

Step 3: Apply for probate

You can apply:

• Online via GOV.UK (if you have a will and no IHT is due) — £273
• By post using form PA1P — £273
• Through a solicitor — £500-£5,000+ depending on complexity

Step 4: Wait for the grant

The Probate Registry typically takes 4-8 weeks to issue the grant for straightforward cases. Complex estates or those with inheritance tax can take several months.

Step 5: Administer the estate

Once you have the grant, you can close accounts, sell property, pay debts and taxes, and distribute the estate to beneficiaries.