One early worry after a death is whether you need a court document before dealing with the person's money. You need probate when a bank, building society, insurer or other organisation holding the person's assets asks to see a grant, which usually happens with property in their sole name and larger sums. You may not need it if everything was jointly owned and passes to the survivor, or if the estate is small and each organisation releases funds without it.
What does probate give you?
GOV.UK defines probate as the legal right to deal with someone's property, money and possessions (their "estate") when they die. In England and Wales the court document is called a grant of representation. If there is a will and a named executor applies, it is a grant of probate. If there is no will, the closest relative usually applies for letters of administration, which do the same job.
The grant is proof to the outside world that you have authority. Organisations rely on it so that they are paying the right person. Once it is issued, the will, if there is one, is kept by the probate registry and becomes a public record. You can also search the probate records to see whether a grant has already been issued for someone.
When is probate needed?
There is no single rule that says "you need probate if the estate is worth more than X" in England and Wales. Instead, GOV.UK tells you to contact the financial organisations the person used, such as their bank and mortgage company, because every organisation has its own rules. In practice, a grant is most often needed when the person who died owned:
Property or land in their sole name. HM Land Registry will only register a transfer by an executor or administrator if it sees the grant, or a conveyancer's certificate confirming one has been issued, as set out in its practice guide 6. This applies whether the house is being sold or passed to a beneficiary.
A share of a property held as "tenants in common". That share does not pass automatically to the other owner, so it is dealt with through the estate.
Larger bank balances, shares or investments in their own name, where the provider's own limit is exceeded.
GOV.UK also advises that you should not make financial plans or put property on the market until you have the grant. If you are unsure whether the estate will need one, the Courts and Tribunals Service Centre can help on 0300 303 0648 (Monday to Friday, 9am to 1pm), or by email at contactprobate@justice.gov.uk.
When is probate not needed?
According to GOV.UK, you may not need probate if the person who died:
only had savings, depending on the rules of each bank or provider
owned shares or money jointly with others, because these automatically pass to the surviving owners unless they agreed otherwise
owned land or property as "joint tenants" with others, because this also automatically passes to the surviving owners
For a home owned as joint tenants, HM Land Registry's practice guide explains that the survivor can apply to remove the name of the person who died by sending evidence of the death, such as the death certificate, without a grant. Banks set their own process for joint accounts, so ask what they need.
Some money may not form part of the estate at all, for example life insurance written in trust or certain pension death benefits. GOV.UK suggests asking the pension provider whether a private pension should be included when you value the estate. Ask each provider whether it needs to see a grant before paying out.
One caution: assets that pass outside the estate can still count for Inheritance Tax. GOV.UK says a joint owner may have to pay Inheritance Tax if the whole estate is worth more than the £325,000 threshold and the estate does not pay. See our guide to Inheritance Tax in the UK.
Is there a small estate limit for probate in England and Wales?
There is no general legal threshold that applies to banks and building societies. You may see figures quoted online, but each bank, building society and investment provider decides for itself how much it will release without a grant, and those limits differ. The only way to know is to ask each one. Write to them with a copy of the death certificate and ask directly: "Do you need a grant of probate to release these funds, and if not, what do you need from me?"
If no grant is needed and the estate is an "excepted estate", with no Inheritance Tax to pay, GOV.UK confirms that you do not need to report its value to HMRC. That saves you a formal valuation process, although keeping your own notes of what you found is still sensible. Our guide to closing a bank account after a death covers what banks typically ask for.
How do you check whether probate is needed?
List what the person owned and how. Go through bank statements, post, paperwork and online accounts. Note whether each asset was in their sole name, held jointly, or held as tenants in common.
Check how any property was owned. The deeds or the Land Registry title show who owned the home, and a solicitor can confirm whether it was held as joint tenants or tenants in common.
Contact each organisation. Ask whether it needs a grant, and what it will accept instead if not.
Estimate the estate's value. The GOV.UK Inheritance Tax checker gives an approximate value and tells you whether tax is likely to be due.
Decide. If even one organisation insists on a grant, you will need to apply. Our guide on how to apply for probate takes you through it.
What if probate is needed but you do not want to apply?
Being named as an executor does not oblige you to act. GOV.UK explains that you can give up your right to apply permanently with form PA15, keep the right to apply later ("power reserved") if there are other executors, or appoint someone to apply for you. If there is no will, the closest living relative is first in line to apply, and the intestacy rules decide who that is and who inherits.
Is it different in Scotland and Northern Ireland?
Scotland uses "confirmation" instead of probate. The Scottish Courts and Tribunals Service describes it as the legal document giving executors authority to uplift money and property, and notes that it is often a bank, building society or insurer that asks for it. A small estate is one worth £36,000 or less, calculated without deducting debts, and the sheriff clerk can help you prepare the forms. Jointly owned property in Scotland is described as owned by "joint owners" or "common owners".
Northern Ireland has more specific guidance. nidirect says a grant is almost always needed if the person left around £20,000 in any one account, stocks or shares, certain insurance policies, or property or land in their own name or as tenants in common. You may not need one if they left less than £20,000, or if everything was owned jointly and passes automatically to the other owner. As in England and Wales, you will need to contact each organisation to check.
What should you record when different banks give different answers?
In England and Wales, institutions can have different requirements for releasing assets. Ask each one what it needs for this particular account and keep its answer with the date. One bank agreeing to release funds does not establish that the rest of the estate can be dealt with without a grant.
Prepare for the next conversation
List each asset holder and the ownership information you have.
Record whether a grant is required, not required or still being checked.
Ask for the document checklist and next step in writing where possible.
Related next steps: Prepare the bank notification and document request; Check the application route when there is no will.
Frequently asked questions
Do you need probate if there is a will?
A will does not remove the need for probate. It names the executors and says who inherits, but organisations holding larger assets or property in the person's sole name will usually still ask to see a grant.
Do you need probate if the house was in joint names?
Not if it was owned as joint tenants, because it passes automatically to the surviving owner. If it was owned as tenants in common, the share of the person who died passes under their will or the intestacy rules, which usually means a grant is needed.
Do you need probate to close a bank account?
It depends on the bank and the balance. Each bank has its own limit for releasing money without a grant, so ask the bereavement team what it needs.
Do you still deal with Inheritance Tax if probate is not needed?
If the estate is excepted and no tax is due, you do not need to report its value. If the total estate, including jointly owned assets and certain gifts, is above the threshold, Inheritance Tax may still be due, so check before assuming nothing needs reporting.
How Solace Care can help
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