Not every estate needs probate, and finding out early saves a lot of unnecessary worry. Probate, or a grant of representation, is the official document that confirms your authority to deal with someone’s estate. Whether you need it comes down to what the person owned and how they owned it. Here is how to work it out.
When probate is usually needed
You will generally need probate if the estate includes:
- A property or land owned in the person’s sole name, or owned as tenants in common.
- Bank or investment accounts above the provider’s threshold, often around £50,000, though it varies by bank.
- Certain shares, or larger holdings a registrar will not release without a grant.
In these cases the bank, Land Registry or share registrar will ask to see the grant before they will act.
When probate often is not needed
You may not need probate if:
- Everything was owned jointly and passes automatically to the surviving owner, such as a joint bank account or a home owned as joint tenants.
- The estate is small and the account balances all fall under each provider’s threshold.
Jointly owned assets usually pass to the survivor outside probate, which is why some estates need no grant at all.
How to check without guessing
List what the person owned and how it was held, then contact each bank, provider and, for property, check the ownership type. Ask each bank directly whether it needs a grant for the balance held. This gives you a clear answer rather than a rule of thumb, because thresholds differ. Our guide to valuing an estate helps you build the full picture.
What it costs and where to apply
In England and Wales you apply to HM Courts and Tribunals Service. The application fee is £300 for estates over £5,000, with nothing to pay for estates of £5,000 or less. A planned increase to £526 is due from 13 July 2026, subject to approval, so check the current fee on GOV.UK before you apply. Extra copies of the grant are a few pounds each and worth ordering, as you will need one per organisation.
Different in Scotland and Northern Ireland
Scotland does not use probate. The equivalent is confirmation, applied for through the sheriff court, with its own small-estate route and thresholds. Northern Ireland has its own probate process. If the estate is in Scotland or Northern Ireland, check the local rules, as the England and Wales steps do not apply directly.
Frequently asked questions
Is there a single value above which probate is always needed?
No. It depends on the assets and how they were owned, not one national figure. Banks set their own thresholds, and property in a sole name usually triggers the need for a grant.
Do joint assets need probate?
Usually not. Assets owned as joint tenants, like many joint accounts and homes, pass to the surviving owner automatically and outside probate.
Can I apply for probate myself?
Yes. Many people apply themselves online through GOV.UK. You can also instruct a solicitor, paid from the estate, especially where there is property, tax to pay or any dispute.
Sources
- GOV.UK: Applying for probate, and probate fees
- mygov.scot: Dealing with a deceased person’s estate (confirmation)
- nidirect: Probate
Reviewed by an SRA-regulated solicitor (name to be assigned). Last reviewed: [set on publish]. This is general information, not legal advice and does not replace probate administration by a qualified professional.
