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Probate

Do You Need Probate If There Is a Will?

A will does not decide whether you need probate. How the deceased owned each asset does. This guide shows when a grant is required in England and Wales, asset by asset, and why the same house can go either way.

6 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

Asset by asset
Probate is decided one asset at a time, not for the estate as a whole. A will does not change that.
Based on gov.uk, applying for probate, as at August 2026, subject to change.

Having a will does not decide whether you need probate. Probate depends on how the deceased owned their assets, not on whether a will exists. It is usually required where someone held property in their sole name, or accounts and investments above each provider's threshold, and often not needed where everything passed to a surviving joint owner.

The myth is that a will either avoids probate or guarantees it. Neither is true in England and Wales. Figures below are current as at August 2026 and are subject to change.

Does having a will decide whether you need probate?

No. A will sets out who inherits and appoints the executor, but it does not remove or create the need for probate. Whether a grant is required turns on how each asset was held, solely or jointly, and whether its value sits above the holder's release threshold. The same estate can need probate for one asset and not another.

The executor still has to prove their authority before most banks, registrars and HM Land Registry will act. That proof is the grant of probate: without it, an organisation holding a sole-name asset above its threshold will not release the money. Our guide to what probate is and how it works explains the grant in more detail.

When is probate required, even with a will?

Probate is usually required where the deceased held assets in their sole name above the holder's threshold, or held a share of property as tenants in common. Read the estate one asset at a time: if any single asset needs a grant, the executor applies, and that grant then covers the whole estate.

AssetUsually needs probate?
Property owned in the deceased's sole nameYes
A share of property held as tenants in commonYes, for the share
Bank or building society account above the provider's thresholdYes
Shares or investments above the registrar's limitYes
Bank account below the provider's thresholdOften no
Property owned as joint tenantsNo, passes by survivorship
Pension or life policy with a named beneficiaryNo, paid direct

Thresholds are set by each institution, so confirm with every provider. Based on gov.uk, applying for probate, as at August 2026, subject to change.

When is probate not needed, even with a will?

Probate is often not needed where everything passed automatically to a surviving owner, or where every sole-name asset sits below its holder's release threshold. In those cases a death certificate and the provider's own form are usually enough to release the asset, and no grant is applied for. Read each asset on its own facts.

Assets held as joint tenants. A home or account held as joint tenants normally passes to the surviving owner by survivorship, outside the will and outside probate. Our guide covers what happens to a joint bank account when one owner dies.

Balances below the provider's threshold. Many banks and building societies release funds without a grant where the balance is under their limit, commonly between £5,000 and £50,000, with share registrars often lower. Each provider sets its own figure, so ask.

Assets with a named beneficiary. Most pensions and many life policies are paid under trust or at the provider's discretion to a named person, so they pass without probate. See how assets like Premium Bonds are handled for where thresholds still apply.

Joint tenants or tenants in common: why the same home can go either way

This is where most people get caught. Two homes can look identical yet reach opposite answers, because co-owners in England and Wales hold property in one of two ways. Joint tenants pass their share automatically; tenants in common do not. How the property is held, not the will, decides whether that share needs probate.

 Joint tenantsTenants in common
OwnershipOwned as one whole, togetherOwned in distinct shares
On deathShare passes to the survivor by survivorshipShare forms part of the estate
Does the share need probate?NoOften yes, to deal with the share
Controlled by the will?No, passes outside itYes, passes under the will

You can check which applies to a property by looking for a Form A restriction on the title at HM Land Registry, as at August 2026, subject to change. A Form A restriction usually signals tenants in common.

Who decides whether you need probate, and how do you check?

No single authority declares that an estate needs probate. Each asset holder, such as a bank, share registrar or HM Land Registry, decides for its own asset against its own threshold. Because the answer can differ asset by asset, work through the whole estate methodically before applying for anything, so you apply only where a grant is genuinely required.

  1. List every asset and how it was owned. Note whether each was in sole name, joint tenants, tenants in common, or held with a named beneficiary. Ownership, not value alone, sets the starting point.
  2. Check the property title. Look up the home at HM Land Registry to see whether it was held as joint tenants or tenants in common, because that decides whether the share needs a grant.
  3. Ask each bank, registrar and provider their threshold. Write to each with a copy of the death certificate and ask whether they will release the balance without probate. Thresholds vary widely, so never assume.
  4. Total the sole-name assets that need a grant. If every asset can be released without one, you may not need probate at all. If any single asset requires it, you do.
  5. Apply where a grant is needed. The executor applies using form PA1P where there is a will. The fee is £526 where the estate is over £5,000, and nothing at £5,000 or less (gov.uk, probate fees, as at August 2026, subject to change). Our guide to the probate process covers what happens next.
Needing probate is not the same as owing inheritance tax. They are separate questions: an estate can need a grant and pay no tax, or owe tax and fall outside probate. The nil-rate band is £325,000, with a residence nil-rate band of up to £175,000 where a home passes to direct descendants, both frozen until 5 April 2031 (gov.uk, Inheritance Tax thresholds (Budget 2025), as at August 2026, subject to change). Our inheritance tax guide explains how the bands combine.

Frequently asked questions

These are the questions people ask most when there is a will and they are unsure whether probate applies. The answers below reflect the law of England and Wales as at August 2026 and are subject to change. Each estate turns on its own assets, so treat these as general guidance rather than a ruling on your situation.

In what circumstances do you not need probate with a will?

Probate is often not needed where everything passed to a surviving owner by survivorship, or where every sole-name asset sits below its provider's threshold. A death certificate and the provider's form are then usually enough (gov.uk, as at August 2026, subject to change).

Who decides whether probate is needed?

No single body decides. Each asset holder, such as a bank, share registrar or HM Land Registry, decides for its own asset against its own threshold. This is why one estate can need a grant for a sole-name account yet not for a jointly owned home.

Can a will be read or acted on without probate?

A will can be read at any time; there is no formal public reading. The executor can act on parts needing no grant, such as assets passing by survivorship or under a threshold. To deal with a sole-name asset above its threshold, they usually need the grant first.

Does needing probate mean there is inheritance tax to pay?

No. Whether probate is needed and whether inheritance tax is due are separate questions. Many estates need a grant but pay no tax, falling within the nil-rate band of £325,000, or the residence nil-rate band of up to £175,000 where a home passes to direct descendants (gov.uk, as at August 2026, subject to change).

Is the answer the same across the UK?

No. This guide covers England and Wales. Scotland uses "confirmation" rather than a grant of probate and has its own succession law, and Northern Ireland runs a separate but broadly similar system. Check the position where the person lived (gov.uk, as at August 2026, subject to change).

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, or an accountant, who can consider their individual circumstances. Our pricing page and contact page explain how to reach us.

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