When Do You Have to Have Probate?

There Is No Universal Rule

One of the most common questions families face after a bereavement is whether probate is actually necessary. The honest answer is that there is no single rule that applies to every estate. Whether probate is required depends on what the deceased owned, how they owned it, and which organisations are holding their assets.

When Probate Is Almost Always Required

• Property or land in sole name — the Land Registry will not register a change of ownership without a Grant of Probate.
• Significant savings or investments in sole name — most banks and investment platforms require probate before releasing funds above their internal threshold.
• Shares held directly — share registrars almost universally require probate before transferring shares.

When Probate Is Typically Not Required

• Jointly owned assets — if the deceased held all assets jointly with another person, those assets usually pass automatically to the surviving owner (right of survivorship). A spouse can typically deal with jointly-owned property and accounts using the death certificate alone.
• Very small estates — if the estate consists entirely of cash savings below the bank's threshold, it may be possible to deal with everything without formal probate.

What Threshold Do Banks Use?

Each financial institution sets its own threshold for when they require probate. Common examples:

Probate and Wills Are Separate Questions

It is important to understand that probate and the question of whether there is a will are separate matters.

• Even if the deceased left a clear and valid will, the executor still needs to apply for probate in most cases before they have the legal authority to deal with the estate. The will tells everyone who gets what — the Grant of Probate gives the executor the power to act.
• Where there is no will, the estate is dealt with under the rules of intestacy. The next of kin applies for Letters of Administration, which serves the same purpose as a Grant of Probate. The same rules about when it is required apply.

How to Apply for Probate

Probate applications can be made online through the HMCTS service or by post. If the estate is straightforward, many people manage the process themselves. However, professional advice is almost always worthwhile where:

• Inheritance tax is involved
• There are disputes between family members or beneficiaries
• The estate includes business assets, property abroad, or complex financial arrangements

The cost of getting probate wrong can far exceed the cost of getting proper guidance from the outset.