When someone dies, one of the first questions executors ask is: "Do I need to apply for probate?"

The answer isn't always straightforward. Some estates require probate, some don't, and some fall into a grey area where it depends on the financial institutions involved.

This guide will help you determine whether you need probate for your specific situation, what the process involves, and what happens if you don't get probate when you should.

What we'll cover:

  • What is probate and why does it exist?
  • When probate is legally required
  • When you can administer an estate without probate
  • Decision flowchart to determine your situation
  • What to do if you're not sure
  • Probate process overview

What is Probate?

Probate is the legal process that confirms an executor's authority to deal with a deceased person's estate.

In England & Wales, it's called:

  • "Grant of Probate" (if there's a will)
  • "Letters of Administration" (if no will)

In Scotland: "Confirmation"

What it does:

  • Proves the will is valid
  • Confirms who has legal authority to handle the estate
  • Gives you power to access bank accounts, sell property, distribute assets

Think of it as: Official permission slip from the court allowing you to manage someone else's money and property.

When Probate is Legally Required

You MUST get probate if the estate includes:

1. Property Owned Solely by the Deceased

  • House, flat, or land in their name only
  • Even if no mortgage
  • Even if being left to spouse

Exception: Joint property owned as "joint tenants" passes automatically to survivor (no probate needed for that asset).

2. Bank Accounts or Savings Over Certain Thresholds

Each bank sets its own threshold (typically £5,000-£50,000). Above this, they'll require probate.

Common UK bank thresholds:

  • • Barclays: £50,000
  • • HSBC: £50,000
  • • Lloyds: £50,000
  • • Nationwide: £50,000
  • • Santander: £50,000
  • • NatWest: £25,000

Note: These are informal limits and can change. Banks may ask for probate even below threshold if they're concerned.

3. Stocks and Shares

Most share registrars require probate to transfer or sell shares, regardless of value.

4. Inheritance Tax is Payable

If IHT is due, HMRC requires probate documentation (IHT421).

When Probate is NOT Required

You can usually skip probate if:

1. Estate Value is Very Low

  • All accounts under bank thresholds (typically under £5,000 each)
  • No property
  • No shares

Total estate worth £10,000 or less: Most organizations will release funds without probate.

2. Assets Held as Joint Tenants

Joint bank accounts, property owned as joint tenants with survivorship - these pass automatically to the surviving owner.

Important: "Joint tenants" is different from "tenants in common." With tenants in common, the deceased's share IS part of the estate and needs probate.

3. Assets with Named Beneficiaries

  • Life insurance policies written in trust or with nominated beneficiaries
  • Pensions with named beneficiaries
  • Payable-on-death accounts

These bypass the estate entirely (and avoid IHT too).

4. Assets Already in Trust

Property or money held in trust isn't part of the deceased's estate.

Grey Areas - When It Depends

Scenario: Total estate is £40,000 in one bank account

Possible outcomes:

  • Bank releases funds without probate (at their discretion)
  • Bank asks for "small estate affidavit" (simpler than probate)
  • Bank insists on probate (safeguarding against liability)

It varies by:

  • Bank policy
  • Estate complexity
  • Who's claiming (spouse vs distant relative)
  • Whether beneficiaries agree

Pro tip: Call the bank's bereavement team and ask directly. They'll tell you their threshold and requirements.

Scenario: Property owned jointly with spouse

Joint tenants: Property passes automatically, no probate needed for that asset. But might still need probate for other assets (bank accounts, etc.)

Tenants in common: Deceased's share (usually 50%) is part of estate, requires probate to transfer.

Check the deeds to see which type of ownership.

Scenario: No will (intestacy)

You'll need "Letters of Administration" instead of "Grant of Probate." The process is similar but slightly more complex.

Who can apply:

  • Spouse or civil partner
  • Children
  • Parents
  • Siblings
  • Other relatives (in order of priority)

Probate Decision Flowchart

START: Someone has died, and you're handling their estate

Does the estate include property owned solely by the deceased?

→ YES = PROBATE REQUIRED

→ NO = Continue

Are there bank accounts, savings, or investments?

→ NO = Likely NO PROBATE needed (very small estate)

→ YES = Continue

Is the total in each institution under £5,000-£10,000?

→ YES = Contact each institution - they may release without probate

→ NO = Continue

Is the total value of all accounts and investments under £50,000 AND each individual account under each bank's threshold?

→ YES = Contact each institution - may accept small estate affidavit

→ NO = PROBATE REQUIRED

Are all assets held jointly as joint tenants with automatic survivor rights?

→ YES = Likely NO PROBATE needed for those assets

→ NO = PROBATE REQUIRED

Is inheritance tax payable?

→ YES = PROBATE DEFINITELY REQUIRED

Still unsure? Use our free forms checker to get a definitive answer based on your specific estate.

What Happens If You Don't Get Probate When You Need It?

Legal consequences:

  • You cannot sell property
  • Banks won't release funds
  • Share registrars won't transfer shares
  • You're personally liable if you distribute assets incorrectly

Financial consequences:

  • Estate remains frozen
  • IHT penalties if tax not paid within 6 months
  • Beneficiaries can't receive their inheritance
  • Ongoing costs (property maintenance, insurance) drain estate

Practical consequence:

Nothing gets done. The estate is stuck in limbo.

Bottom line: If in doubt, apply for probate. The cost (£273 court fee + £1.50 for extra copies) is minimal compared to the risk of getting it wrong.

How to Apply for Probate (Quick Overview)

Step 1: Register the Death

Get death certificate (multiple copies recommended).

Step 2: Value the Estate

List all assets and debts.

  • Property valuation (professional)
  • Bank account balances (date of death)
  • Investments and shares
  • Personal possessions
  • Outstanding debts

Step 3: Determine If IHT is Payable

Use IHT calculator or complete IHT forms:

  • IHT205 (if no tax due)
  • IHT400 (if tax due or estate over threshold)

Step 4: Pay Inheritance Tax

Must be paid before probate granted (if applicable).

Step 5: Complete Probate Application

  • Form PA1P (if there's a will) or PA1A (if no will)
  • Send original will
  • Send death certificate
  • Pay £273 court fee

Step 6: Submit to Probate Registry

Post or online application.

Step 7: Attend Interview (If Required)

Some registries require sworn statement.

Step 8: Receive Grant of Probate

Usually 3-8 weeks. This is your legal authority document.

Step 9: Administer Estate

Use grant to access accounts, sell property, distribute assets.

Probate Without a Will (Intestacy)

If there's no will:

Different process:

  • Apply for "Letters of Administration" not "Grant of Probate"
  • Must prove you're entitled to apply (spouse, child, etc.)
  • Estate distributed according to intestacy rules

Intestacy rules (England & Wales):

If married/civil partner:

  • • Spouse gets: First £322,000 + personal possessions + half of remaining
  • • Children split: Other half of remaining

If unmarried:

  • • Everything to children equally
  • • If no children: Parents
  • • If no parents: Siblings
  • • etc. (strict legal order)

Unmarried partners get nothing under intestacy rules. This catches many people out.

How Long Does Probate Take?

Timeline:

  • Simple estate (no tax, no property): 4-8 weeks from application to grant
  • Average estate (property, some IHT): 3-6 months
  • Complex estate (disputes, business assets): 6-12 months+

Factors that slow it down:

  • Inheritance tax due (must pay first)
  • Property valuations taking time
  • Missing paperwork
  • Beneficiary disputes
  • Complex assets (businesses, overseas property)
  • Probate registry backlogs

Pro tip: Start gathering documents immediately. Waiting for bank statements can add weeks.

Can I Do Probate Myself or Do I Need a Solicitor?

DIY probate is possible if:

  • Small, simple estate
  • No property or single straightforward property
  • No inheritance tax due (or simple IHT calculation)
  • All beneficiaries agree
  • You're comfortable with forms and admin
  • You have time (20-40 hours of work)

Consider a solicitor if:

  • Estate over £500,000
  • Multiple properties or overseas assets
  • Inheritance tax is complicated
  • Business or farm involved
  • Beneficiaries disagree
  • No will (intestacy)
  • You're grieving and overwhelmed

Cost of solicitor:

  • • Simple estate: £1,500-£3,000 + VAT
  • • Complex estate: £3,000-£10,000+
  • • Usually charged as % of estate (1-5%) or fixed fee

DIY cost:

  • • £273 probate court fee
  • • £1.50 per extra copy of grant
  • • Property valuations: £100-£300
  • • Total DIY: £500-£1,000

Scotland and Northern Ireland Differences

Scotland:

Process called "Confirmation" not probate.

Key differences:

  • Apply to Sheriff Court, not Probate Registry
  • Different forms (C1 for small estates, C5 for larger)
  • "Small estate" threshold: £36,000 (simplified process)
  • Different intestacy rules

Northern Ireland:

Similar to England & Wales but:

  • Apply to Probate Office, Royal Courts of Justice Belfast
  • Some form differences
  • Different court fees

If in doubt about which jurisdiction, check where the deceased was permanently resident.

What If Someone Dies Abroad?

UK citizen dies abroad:

  • May need probate in both countries
  • Each country's assets dealt with separately
  • Get legal advice in both jurisdictions

Foreign national dies with UK assets:

  • UK probate needed for UK assets
  • Foreign probate for overseas assets

Complex area - definitely get professional advice.

FAQs

Q: Can I access the deceased's bank account to pay for the funeral?

A: Many banks will release up to £5,000 for funeral costs before probate. Ask the bereavement team.

Q: How much does probate cost?

A: DIY: £273 court fee + valuations (£500 total). Solicitor: £1,500-£10,000+ depending on complexity.

Q: Can probate be challenged?

A: Yes. Will can be contested on grounds of validity, undue influence, or lack of capacity. Time limit: 6 months from grant.

Q: What if I find more assets after probate is granted?

A: Reapply with updated information. Small amounts may not require new grant.

Q: Do I need probate if everything was in joint names?

A: If truly everything (property, accounts) was joint tenants, possibly not. But check each institution's requirements.

Key Takeaways

  • Probate is always required if estate includes solely-owned property
  • Bank accounts under £5,000-£50,000 per institution may not need probate (ask the bank)
  • Joint tenant assets pass automatically without probate
  • No will = Letters of Administration (similar to probate)
  • DIY probate costs ~£500, solicitor £1,500-£10,000+
  • Timeline: 4-8 weeks (simple) to 6-12 months (complex)
  • When in doubt, apply for probate - it's safer than risking personal liability

Bottom line:

If the estate includes any property or accounts over bank thresholds, you'll almost certainly need probate. For everything else, call the institutions and ask.

Next steps:

  • Value the estate to determine if probate is needed
  • Calculate inheritance tax (it may be due before probate)
  • Contact banks and institutions to confirm their requirements
  • Decide DIY vs. solicitor based on complexity

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