Do I need probate? (decision tree)
How to use this
Whether probate is needed depends on how each asset was owned, not just the estate's total value. Work through the questions to see if a grant is likely required.
Work through the tree
Step 1
Did the deceased own property in their sole name, or as tenants in common?
YesProbate is normally needed.Property in a sole name (or a tenant-in-common share) usually requires a grant before it can be sold or transferred.
Step 2
Are there bank, savings or investment holdings above the provider's release threshold (commonly £5,000–£50,000)?
YesProbate is likely needed.Most banks require a grant before releasing larger balances. Each institution sets its own threshold.
Step 3
Was everything else jointly owned as joint tenants, or held in trust or paid by nomination?
YesProbate is usually NOT needed.Assets passing by survivorship, trust or nomination transfer outside the estate, so a grant is often unnecessary.
Not sureCheck with the asset holders.Ask each bank or provider whether they will release funds without a grant; thresholds and rules vary.
Possible outcomes at a glance
- Probate needed where there is solely-owned property or substantial bank/investment holdings.
- Probate usually not needed where everything passes by survivorship, trust or nomination, or the estate is small.
- Each bank sets its own threshold (often £5,000–£50,000) for releasing funds without a grant.
Sources
- GOV.UK — Applying for probate: when probate is needed
- HM Land Registry — Transferring ownership after death
- Citizens Advice — Dealing with the estate of someone who has died
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Work out if your estate needs probate.
Take the free 3-minute ClearLegacy Estate Risk Assessment.
Check my estate risk