Do I need probate?

The short version

You will almost certainly need a grant if the deceased owned a property in their sole name, or as tenants in common. You may not need one if everything was jointly owned with a surviving spouse or partner and the remaining balances are small.

Assets that usually do NOT need a grant

• Property held as joint tenants — it passes automatically to the surviving owner by survivorship
• Joint bank and building society accounts, on the same principle
• Small bank balances, where the institution operates its own limit and will release funds on sight of a death certificate and an indemnity form
• Death-in-service and most pension lump sums paid at the trustees' discretion
• Life insurance written in trust, which pays the trustees directly
• Personal possessions, cars and household goods

Assets that usually DO need a grant

• A house or flat in the deceased's sole name
• A share of a property held as tenants in common
• Bank accounts above the institution's own release limit
• Shareholdings and investment portfolios held directly
• National Savings products above their threshold
• Anything where the organisation holding the asset simply insists on seeing a grant

Joint tenants or tenants in common?

This single question decides whether a property forms part of the estate. Joint tenants own the whole thing together, and the survivor takes it automatically. Tenants in common each own a distinct share, and that share passes under the will or the intestacy rules — which normally needs a grant.

Check the Land Registry title. A 'Form A restriction' in the proprietorship register indicates a tenancy in common. You can download the register for a small fee.

A practical checking order

1. List every asset and how it was held — sole, joint tenants, or tenants in common.
2. Strike out everything held jointly with a survivor.
3. For each remaining asset, ring the institution and ask whether they will release without a grant.
4. If anything is left that requires a grant, you need to apply.
5. Separately, check whether Inheritance Tax needs reporting — that obligation exists whether or not a grant is needed.

GOV.UK — Applying for probate