Do you always need probate?
No. Probate isn't always required. It is often not needed for small estates, for jointly owned property or accounts that pass automatically by survivorship, or where asset-holders release modest sums without a grant. Probate is usually needed when there is property to sell in the sole name of the deceased, or significant assets that institutions won't release without a grant.
Detailed explanation
Whether you need it depends on what the person owned and how it was held.
Often no probate needed:
- Assets held jointly that pass to the survivor automatically.
- Small bank balances some banks release under their own threshold.
- Assets with a valid nomination (e.g. some pensions).
Probate usually needed:
- A property owned solely by the deceased (or as tenants in common).
- Larger bank, investment or share holdings above institutions' thresholds.
A widow's husband held everything jointly with her — the home, the bank account — so all of it passes to her automatically by survivorship and no probate is needed. Had the home been in his sole name, probate would have been required to sell or transfer it.
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Sources
- GOV.UK — Applying for probate (application fee £300; estates over £5,000)
- GOV.UK — Probate fees and additional copies (£16 per copy)
- HM Courts & Tribunals Service — probate timeliness statistics, 2025
- GOV.UK — Valuing the estate of someone who's died
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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