Do I need probate?
Not always. Probate is needed where an organisation will not release an asset without it, or where property has to be transferred or sold. Assets held as joint tenants pass automatically to the survivor, and many banks release modest balances without a grant, so some estates need no probate at all.
Jurisdiction: England & Wales. Last reviewed 13 August 2026.
Asset by asset
| Asset | Probate usually needed? |
|---|---|
| Property owned in the deceased's sole name | Yes |
| Property held as joint tenants with a survivor | No — it passes automatically |
| Property held as tenants in common | Yes, for the deceased's share |
| Bank account in sole name, modest balance | Often not — each bank sets its own threshold |
| Bank account in sole name, larger balance | Yes |
| Joint bank account | No — passes to the surviving holder |
| Shares held directly | Usually yes |
| Premium Bonds and NS&I | Depends on value — NS&I set their own limit |
| Life policy written in trust | No — it pays the named beneficiary directly |
| Pension death benefits | Usually no — normally at the trustees' discretion |
| Personal possessions and vehicles | Usually no |
Bank thresholds are not set by law
Each institution decides the balance above which it insists on a grant. It can range from a few thousand pounds to over fifty thousand. Ask each one directly — the answer is free and takes one phone call.Tax reporting is a separate question
Even where no grant is needed, the Inheritance Tax position may still have to be reported. Nil-rate band is £325,000, with a residence nil-rate band of up to £175,000 where a home passes to direct descendants. Do not assume that "no probate" means "no tax".
The practical test
- List every asset and how it was held — sole, joint tenants, tenants in common, or in trust.
- Ask each institution what it requires to release the asset.
- If even one says a grant is needed, you need probate for the estate.
- Then check whether a full Inheritance Tax account is required regardless.
Frequently asked questions
- Is there a value below which probate is never needed?
- No single legal threshold exists. It depends on each institution's own policy and on how assets were held.
- Do I need probate if everything was jointly owned?
- Usually not, where assets were held as joint tenants and pass to the survivor by survivorship.
- Do I need probate to sell the house?
- Yes, if the property was in the deceased's sole name or held as tenants in common.
Dealing with a straightforward estate yourself?
Our free probate checker helps you work out whether this estate appears suitable for a self-help route. It asks about jurisdiction, disputes and complexity, takes a few minutes, and needs no account.
£349 one-off service fee if you go ahead. Court fee and any Inheritance Tax are paid separately.
Sources
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