⚡ Quick answer: Probate is usually required when the deceased solely owned property, had bank accounts above a certain threshold, or held shares. It is often not required for jointly owned assets, nominated pensions, or very small estates. Always check with each institution.
When Probate Is NOT Required
There are several common situations where you can deal with an estate without obtaining a Grant of Probate:
1. Small Estates
Most banks and financial institutions have a threshold below which they will release funds on production of a death certificate alone — without requiring probate. However, these thresholds vary significantly by bank and can range from £5,000 to £50,000 or more. You must check with each institution individually.
2. Jointly Owned Assets
Assets owned as joint tenants (the most common form of joint ownership for married couples) pass automatically to the surviving owner by right of survivorship. This includes:
- A jointly owned home (where ownership is as joint tenants)
- Joint bank accounts
- Joint savings or investment accounts
These assets do not form part of the probate estate and pass outside the Will entirely. Note: assets held as tenants in common (each person owns a distinct share) do require probate for the deceased's share.
3. Pension Death Benefits
Most workplace and personal pensions are written in trust and have a nominated beneficiary. On death, the pension provider pays the death benefit directly to the nominated person — entirely outside probate. It is vital to keep pension nominations up to date for this reason.
4. Life Insurance in Trust
Life insurance policies written in trust pay out directly to the named beneficiary, bypassing probate entirely. Policies not written in trust form part of the estate and may require probate before the insurer releases the sum.
5. Assets Held in Trust
Any assets held in a legally established trust during the deceased's lifetime pass according to the trust deed — not the Will — and do not require probate.
When Probate IS Required
In most estates of any size or complexity, a Grant of Probate will be needed. The most common situations are:
| Asset type | Probate required? |
|---|---|
| Solely owned residential property | ✅ Almost always |
| Buy-to-let or investment property (sole name) | ✅ Yes |
| Bank/savings account above institution threshold | ✅ Usually |
| Stocks and shares (sole holder) | ✅ Yes — share registrars require it |
| Premium Bonds (sole holder) | ✅ Over £5,000 |
| Business interests / partnership share | ✅ Usually |
| Jointly owned property (joint tenants) | ❌ No — passes by survivorship |
| Joint bank account | ❌ No |
| Pension with nominated beneficiary | ❌ No |
| Life insurance written in trust | ❌ No |
Bank-by-Bank Thresholds (Approximate)
There is no single legal threshold for when banks require probate. Each bank sets its own limit and can change it at any time. As a general guide:
| Bank | Approximate threshold |
|---|---|
| Barclays | Up to £50,000 without probate |
| HSBC | Up to £50,000 without probate |
| Lloyds / Halifax | Up to £50,000 without probate |
| NatWest / RBS | Up to £25,000–£50,000 without probate |
| Nationwide | Up to £50,000 without probate |
| Santander | Up to £50,000 without probate |
ℹ️ Important: These figures are approximate and subject to change. Always contact each bank directly to confirm their current requirements. Some banks apply lower limits for specific account types.
How to Check If Probate Is Needed
Follow these steps to determine whether probate is required for a specific estate:
- List all assets — property, bank accounts, investments, pensions, life policies
- Identify how each is owned — sole name, joint tenants, or tenants in common
- Contact each institution — ask whether they require a Grant of Probate and what their current threshold is
- Check pension and insurance nominations — these usually pass outside probate regardless of value
- If any solely-owned property is involved — probate will almost certainly be required
What If You Apply for Probate When It Isn't Needed?
You can apply for a Grant of Probate even when it isn't strictly required — it simply adds time and cost. There is no legal penalty for applying unnecessarily. However, it typically makes sense to apply only where an institution actually requires it.
What Is Letters of Administration?
If the deceased died without a Will (intestate), there is no executor. The court issues Letters of Administration to the next of kin instead of a Grant of Probate. The process is similar, but the estate must be distributed under the intestacy rules rather than the deceased's wishes.
Fixed Fee Probate from £195
Not sure if probate is needed? Our team can assess the estate for free. Where probate is required, we handle everything for a fixed fee — no percentage of the estate, no hidden charges.
Start Probate from £195 →Frequently Asked Questions
Does a Will avoid probate?
No. Having a Will does not avoid probate — it simply makes the process clearer and faster by naming an executor and setting out the deceased's wishes. A well-drafted Will combined with proper asset structuring (joint ownership, trusts, pension nominations) can reduce the probate estate significantly.
How long does probate take?
Most estates take 9–12 months from death to final distribution. Simple estates with no property can take as little as 3–6 months. See our full guide: How Long Does Probate Take?
Can I deal with a small estate without professional help?
Yes, for very straightforward estates with only bank accounts and no property, many families manage the process themselves. For any estate involving property, shares, Inheritance Tax, or complications, professional support significantly reduces the risk of errors and delays.