Can probate be avoided?
Sometimes. Probate is often unnecessary for very small estates, for assets owned as joint tenants that pass automatically to the survivor, and for assets held in trust. But where the deceased owned property in their sole name, or held large sums, banks and the Land Registry usually insist on a grant of probate before releasing or transferring anything. Whether you can avoid probate depends on how assets were owned.
Detailed explanation
Probate is the legal authority to deal with someone's estate. Whether it is needed depends not on the total value but on how each asset is held.
Where probate is often not required:
- Small estates. Each bank or institution sets its own threshold for releasing funds without a grant — commonly somewhere between £5,000 and £50,000. Below that, they may release money on sight of a death certificate and indemnity.
- Jointly owned assets (joint tenants). A jointly owned home, or a joint bank account held as joint tenants, passes automatically to the surviving owner by survivorship and does not need probate to transfer.
- Assets in trust. Assets already held in a trust are dealt with by the trustees under the trust, outside the estate.
Where probate is usually required: property owned in the deceased's sole name, property held as tenants in common, and substantial bank, share or investment holdings above the institution's threshold. In these cases a grant is needed to sell, transfer or release the asset.
Some people plan during their lifetime to reduce the need for probate — for example by holding assets jointly or using trusts — but these decisions have tax and control consequences and should be taken with advice, not simply to dodge a process.
When Edith dies, her home was jointly owned with her husband as joint tenants, and her only other asset is a £3,000 savings account. The house passes to her husband automatically by survivorship, and the bank releases the modest savings on the death certificate. No grant of probate is needed. Had the house been in Edith's sole name, probate would almost certainly have been required.
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
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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