When is Probate Required

Probate is the legal process that gives someone authority to deal with a deceased person’s estate. If there is a Will, the authority is usually called a Grant of Probate. If there is no Will, it is usually called Letters of Administration.

The Simple Rule

Probate is required when assets cannot be collected, transferred, sold, or distributed without proof of legal authority.

Whether probate is needed depends on:

The type of assets owned.
How those assets were owned.
The value of the assets.
The requirements of banks, investment providers, and other institutions.

Situations Where Probate Is Usually Required

1. Solely-Owned Property

Probate will usually be required if the deceased owned a house, flat, or land in their sole name.

Examples:

A house owned only by the deceased.
A buy-to-let property owned only by the deceased.
A deceased person’s share of a property held as tenants in common.

Without a Grant, the property generally cannot be transferred or sold.

2. Large Bank Accounts

Most banks have limits above which they require probate before releasing funds.

The threshold varies between institutions and can range from a few thousand pounds to much higher amounts.

Examples:

£50,000 in a sole bank account.
Multiple accounts with substantial balances.

Each institution has its own rules.

3. Investments and Shareholdings

Probate is often required where the deceased held:

Shares.
Investment portfolios.
Unit trusts.
Bonds.

Registrars and investment companies will frequently require a Grant before transferring or selling investments.

4. Business Interests

Probate is commonly required where the deceased owned:

A sole trader business.
Partnership interests.
Shares in a private company.

The Grant provides legal authority to deal with the deceased’s ownership interest.

Summary

Situation

Sole owner of a £300,000 house

Married couple owning home as joint tenants

£2,000 sole bank account

£100,000 sole bank account

Sole share portfolio worth £50,000

Joint bank account with spouse

Tenants in common property share

Pension death benefit paid directly by scheme

Probate Usually Required?

Yes

Usually No

Usually Yes

Usually No

Usually Yes

Usually No

Situations Where Probate Is Often Not Required

1. Joint Bank Accounts

Money held in a joint account usually passes automatically to the surviving account holder under the principle of survivorship.

In many cases, probate is not needed for the transfer of the account.

2. Property Held as Joint Tenants

Where a property is owned as joint tenants, the deceased’s interest usually passes automatically to the surviving owner.

Examples:

Married couples owning their home as joint tenants.
Civil partners owning property jointly.

In these circumstances, probate is often not required to transfer ownership.

3. Small Estates

Many financial institutions will release modest sums without requiring probate.

They may instead ask for:

A death certificate.
Proof of identity.
An indemnity form.

Requirements vary between institutions.

4. Certain Pension Death Benefits

Many pension death benefits are held under discretionary trusts and fall outside the estate.

Where the pension provider pays directly to beneficiaries, probate is often unnecessary. The provider’s own procedures will apply.

Property Ownership: The Critical Difference

Joint Tenants

If a property was owned as joint tenants:

The deceased’s share passes automatically to the survivor.
Probate is usually not required for the transfer.

Tenants in Common

If a property was owned as tenants in common:

The deceased owned a distinct share.
That share forms part of the estate.
Probate is normally required before the share can be transferred or sold.

Is Probate Required If There Is a Will?

Having a Will does not remove the need for probate.

A Grant of Probate may still be required if:

The deceased owned property.
The estate contains significant assets.
Banks or investment providers require it.

Is Probate Required If There Is No Will?

Possibly.

Instead of a Grant of Probate, the appropriate person applies for Letters of Administration.

The need for a Grant depends on the assets involved, not simply on whether a Will exists.

Key Takeaway

Probate is usually required where the deceased owned significant assets in their sole name or owned a share of property as a tenant in common. It is often unnecessary where assets pass automatically by survivorship, such as joint bank accounts or property held as joint tenants.

Ultimately, the decision often depends on the requirements of the individual bank, investment provider or land registration process.

This guide applies to England and Wales. Different rules apply in Scotland and Northern Ireland.