Do You Need Probate? When Probate Is Required

Probate is often required when someone dies owning property in their sole name or holding significant assets that a bank will only release against a grant. It may not be required where everything was jointly owned and passes automatically to a survivor, or where the estate is small.

Probate is the legal right to deal with the property, money and possessions (the estate) of someone who has died (gov.uk, applying for probate, as at June 2026). This guide explains when a grant is generally required, when it may not be, and how joint ownership and a will change the answer. It covers England and Wales, with a note on Scotland and Northern Ireland. For the wider picture, see our What Is Probate? guide and our broader estate planning guide. Figures are current as at June 2026 and are subject to change.

The short answer: when is probate required?

Probate is usually required when the estate includes property or land held in the deceased's sole name, or assets held by banks and other providers that will only release them against a grant. It may not be required where assets were jointly owned and pass to a survivor automatically, or where the amounts are small enough for a provider to release without one. The estate must still be dealt with either way.

When probate is generally required

A grant is generally needed where an asset is held in the deceased's sole name and a third party will not release or transfer it without one. Property is the most common trigger, because a house or flat cannot usually be sold or transferred without proof of authority. Larger bank and investment holdings often need a grant too, though each provider sets its own rules (gov.uk, before you apply, as at June 2026).

• Property or land in a sole name. A home owned only by the person who died usually cannot be sold or transferred without a grant.
• Property held as tenants in common. The deceased's share does not pass automatically, so a grant is often required.
• Larger bank, building society or investment accounts. Many providers require a grant above their own threshold.
• Shares held in the person's sole name and certain other registered assets.

Sources: gov.uk/applying-for-probate and gov.uk/wills-probate-inheritance, as at June 2026, subject to change.

When you may not need probate

Probate may not be needed where the estate has no sole-name property and everything passes another way. According to gov.uk, a grant may not be required where the person who died only had savings, or owned money, shares or property jointly with others, because jointly held assets can pass automatically to the surviving owners (gov.uk, wills, probate and inheritance, as at June 2026). Small estates can also sometimes be settled without a grant.

• Jointly owned assets passing to a survivor. Money, shares or property owned as joint tenants can pass automatically to the other owner or owners.
• Small amounts of money. Some providers release modest balances without a grant. Citizens Advice notes a grant may not be needed for a smaller estate, often described as under about £5,000, and suggests writing to the provider to ask (Citizens Advice, as at June 2026).
• Cash and personal possessions only. An estate made up of physical cash and belongings such as a car or furniture may not need a grant.

Because every organisation has its own rules, gov.uk advises contacting each bank, provider or mortgage company to confirm whether a grant is needed before applying (gov.uk, before you apply, as at June 2026, subject to change).

Jointly owned property: joint tenants and tenants in common

How a couple own their home often decides whether probate is required for it. Joint tenants own the whole property together, so on one death the share passes automatically to the survivor and a grant is often not needed for it. Tenants in common each own a distinct share, which passes under the will or intestacy rules rather than automatically, so a grant is more likely to be required for that share.

Two homes worth the same amount can lead to different answers on probate, purely because of how the owners held the title.

Checking the form of ownership early can avoid surprises. Where the position is unclear, the title register at HM Land Registry or the deeds usually show whether a property is held as joint tenants or tenants in common, and it can be worth confirming this with a qualified professional.

Do you need probate if there is a will? And with no will?

A will does not decide whether probate is required. The estate does. Where there is a will and a grant is needed, the executors named in the will apply for a grant of probate. Where there is no valid will, the estate passes under the intestacy rules and the closest living relative can apply instead for letters of administration, which serves a similar purpose (gov.uk, if there is a will, as at June 2026).

Under intestacy in England and Wales, a surviving spouse or civil partner receives a fixed statutory sum before the rest of the estate is shared, and unmarried partners inherit nothing under those rules (gov.uk, who inherits if someone dies without a will, as at June 2026). Whether a grant is needed still turns on the assets, not on whether a will exists. For how the timeline and cost then unfold, see How Long Does Probate Take in the UK? and How Much Does Probate Cost?.

Scotland and Northern Ireland

This guide describes England and Wales. Scotland differs: the equivalent process is called confirmation rather than probate, and Scottish succession law includes legal rights that can entitle a spouse and children to a fixed share. Northern Ireland has a separate but broadly similar system to England and Wales, with its own probate office. If an estate includes assets in more than one UK nation, it can be worth taking advice in each. Details of the Scottish and Northern Irish processes are set out on the relevant official sites (gov.uk, as at June 2026, subject to change).

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