When Is Probate Required in the UK?

What is Probate?

Probate is the legal process that gives you the authority to manage a deceased person's estate. When granted, it produces a document called a Grant of Probate (if there is a will) or Letters of Administration (if there is no will).

This document is what banks, financial institutions, and other organisations need to see before they will release assets to you. Without it, most institutions will refuse to act, leaving the estate in limbo.

When Is Probate Required?

There is no single legal threshold that determines when probate is required. Instead, it depends on what the deceased owned and how they owned it. However, there are clear patterns:

Probate is almost always required when:

• The deceased owned property or land in their sole name — almost every mortgage lender and conveyancing solicitor will require a Grant of Probate before a property can be sold or transferred.
• The deceased held bank or savings accounts above the institution's threshold — this varies from £5,000 to £50,000 depending on the bank. There is no fixed legal minimum.
• The deceased held shares, investments, or assets through a stockbroker or financial adviser — probate is almost always required in these cases.
• Any assets were held in the deceased's sole name above a modest threshold.

Probate is usually not required when:

• All assets were held jointly with another person, such as a spouse or civil partner. Assets then pass automatically to the surviving owner by the right of survivorship.
• The estate is very small — modest savings and no property — and the banks involved are willing to release funds on the basis of a death certificate and indemnity form.

What to Do If You Are Unsure

The safest approach is to contact each financial institution directly and ask them what they require. They will tell you their own threshold and what documentation they need. For estates involving property, you should always assume probate will be necessary.

How to Apply for Probate

Probate can be applied for in two ways:

• DIY (self-application) — through the HMCTS online probate service on GOV.UK. This is suitable for straightforward estates.
• Via a probate solicitor — who handles the application on your behalf. Recommended if the estate is complex, involves disputes, or includes significant assets or inheritance tax.