Do you Need Probate? A Plain-English Guide to When You Do (and Don’t) in England & Wales
- Probate & Estate Support Hub
- Dec 10
- 5 min read
Probate is one of the most common questions people ask when someone dies, and it’s no surprise — the rules can feel confusing, especially when you’re already dealing with grief and practical responsibilities. Over the years, I’ve spoken with thousands of people in exactly this situation, and the same worries come up again and again: “Do I actually need probate?”, “What happens if everything was joint?”, “Can we sell the house?”, “What if the bank says one thing and someone else says another?”
I don’t offer legal advice, but I can help you understand the overall picture, the factors that matter most, and where the decision points usually sit. My aim is to help you feel clearer, calmer and more confident about your next steps.
This article explains when probate is needed, when it isn’t, and how situations such as joint assets, small estates, property sales and the presence (or absence) of a will affect what happens next.
At a Glance
Probate is needed when financial institutions require formal authority before releasing funds or assets.
Having a will doesn’t automatically mean probate is required — and not having a will doesn’t automatically mean it isn’t.
Joint assets usually pass to the surviving owner and often don’t need probate.
Small estates may not require probate, depending on the banks involved.
You generally do need probate to sell a property unless ownership is held in a specific way.
There are situations where probate is not required at all.
In This Guide
What probate actually is
When probate is required
When probate is not required
Joint assets and joint property
Small estates
Property and house sales
Common misconceptions
A real-world example
FAQs
Further reading & useful links
What Probate Actually Is
Probate is a legal permission granted by the probate registry that allows the executor or administrator to deal with the deceased’s estate. It’s essentially formal proof that the person handling the estate has the authority to do so.
People often imagine probate as a single event or a document that instantly unlocks everything, but in reality it’s simply one step in the wider administration process. Whether you need it depends on what the estate contains and how assets were held.
When Probate Is Required
Probate is commonly needed when:
1. There are bank accounts or investments above that institution’s threshold
Each bank sets its own limit — some require probate above £10,000, others above £50,000 or more.
2. There are shares, bonds or certain investment policies
Investment platforms almost always need to see probate before releasing assets.
3. The property is held in the deceased’s sole name
This is one of the biggest triggers.
If the home was solely owned, probate is usually required before it can be sold or transferred.
4. There are significant assets not held jointly
Higher-value estates almost always involve institutions requiring probate.
5. There is a will naming executors
If assets require formal authority to release, the executors will need to obtain a Grant of Probate.
When Probate Is Not Required
There are several situations where probate simply isn’t necessary.
1. Most jointly owned assets
Joint bank accounts pass automatically to the surviving owner.
Joint property (depending on the type of joint ownership) may also pass automatically.
2. Small estates
If the total estate is below the banks’ thresholds and there is no property solely in the deceased’s name, you may not need probate.
3. When all assets are nominated or already pass outside the estate
Examples include:
Some pensions
Some life insurance policies
Certain jointly held investments
4. No assets of significant value
It is surprisingly common for estates to have very little held in the deceased’s sole name.
Joint Assets and Joint Property
This area causes a huge amount of confusion, and understandably so.
Joint bank accounts
These usually pass automatically to the surviving account holder.
Probate is not normally required just for these.
Jointly owned property
There are two types of joint ownership:
Joint Tenants — the property passes automatically to the survivor; probate isn’t needed just to deal with the ownership.
Tenants in Common — the deceased’s share does not pass automatically. Probate is typically needed to deal with their share.
If you’re unsure which applies, the title documents or a quick check with the Land Registry can help clarify.
Small Estates
A “small estate” doesn’t have a fixed legal definition — it’s based entirely on the thresholds set by banks and financial institutions.
Some banks will release funds under £30,000 without probate.
Others may allow as much as £50,000 or more.
Others are stricter.
This means two people with identical estates could face different outcomes depending solely on which banks were involved.
Small estates without property are the most likely not to require probate.
Do You Need Probate to Sell a House?
This is one of the most common questions I hear, and it completely depends on how the property was owned.
If the property was in the deceased’s sole name
Yes — probate is almost always required.
If the property was jointly owned as Joint Tenants
No — it passes automatically to the surviving owner.
If the property was jointly owned as Tenants in Common
Probate will usually be required to deal with the deceased’s share.
Estate agents and conveyancers will typically not progress the sale without knowing who has the legal authority to act.
Common Misconceptions
Based on the thousands of conversations I’ve had with families, these are misunderstandings I see most often:
“There’s a will, so we definitely need probate.”
Not necessarily — it depends what the estate contains.
“We can’t start anything until probate is granted.”
You can sort valuations, gather information, and prepare much of the administration long before the grant arrives.
“Joint property never needs probate.”
It depends whether ownership was Joint Tenants or Tenants in Common.
“Small estates never need probate.”
Some banks have very low thresholds, so even modest estates sometimes require it.
A Real-World Example
To make this clearer, here’s a simple anonymised scenario similar to many I’ve seen:
A woman dies leaving a jointly owned home with her husband, two joint bank accounts, and a small savings account in her sole name with around £8,000. There are no investments or policies in her name alone.
In this situation:
The jointly owned home passes automatically to her husband
The joint accounts pass automatically
The small savings account is below the bank’s threshold
Probate is not required.
This is a very common scenario — and often a relief for families who assumed the process would be more complicated.
FAQs
Do you need probate if there is a will?
Only if the estate contains assets that require formal authority to release. A will alone doesn’t trigger probate.
Do I need probate if everything is in joint names?
Usually not. Joint assets normally pass automatically to the surviving owner.
Do I need probate for a small estate?
It depends on the banks’ thresholds and whether there is property solely in the deceased’s name.
Do you need probate to sell a house?
Yes — unless the property was jointly owned as Joint Tenants.
Do I need probate if my husband or wife dies?
Often no, especially if assets were held jointly.
But you may still need probate if there were assets in their sole name.
Further Reading & Useful Links
To help with next steps, here are some useful resources:
Your “Do You Need Probate?” Guide:
"Understanding Inheritance Tax" Guide:
Probate Assistant (to chat through your specific scenario):
If you’re still unsure whether probate is required in your situation, it’s completely normal.
Families often tell me that this is the hardest early question to get clarity on.
Taking a few minutes to understand the structure of the estate can make everything feel more manageable, and if you’d like to talk it through, there are tools and support available when you need them.