Do You Need Probate? A Plain-English Guide for England & Wales
When someone dies, one of the first questions people hear — often from a bank, solicitor, or family member — is:
“Do you need probate?”
For most people, that question arrives before they’ve had time to process what’s happened, let alone understand the rules. Different organisations often give different answers, which can make things feel even more confusing.
I don’t offer legal advice, but I can help you understand when probate is usually needed, when it often isn’t, and how to work out what applies in your situation — calmly and without jargon.
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This article is part of our wider Probate Explained series, which sets out how probate and estate administration work in England and Wales.
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At a glance
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Probate is the legal authority to deal with someone’s estate
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It is often required when assets are held in the deceased’s sole name
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Many estates need probate for some assets but not others
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Joint assets often pass automatically, but there are important exceptions
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Property is the single most common reason probate is needed
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There is no universal value threshold — organisations decide individually
What probate is really for
In plain English, probate is about authority.
It is the formal permission that allows an executor or administrator to:
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access certain bank or investment accounts
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sell or transfer property
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close accounts or move assets into beneficiaries’ names
Banks, investment providers and the Land Registry use probate as proof that they are dealing with the right person.
Probate is not a judgement on how simple or complicated an estate is. Even very straightforward estates sometimes need it — and some larger ones don’t.
When probate is commonly needed
Probate is most often required when the estate includes:
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Property owned in the deceased’s sole name
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Property owned as tenants in common
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Shares, ISAs, or investment portfolios
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Higher-value bank balances, depending on the institution
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Assets spread across multiple providers, each with their own rules
A key point many people miss is that probate is not all-or-nothing.
You may need probate to deal with one asset (often the house), but not for everything else.
If you are wondering whether you need probate because the estate is small, you may benefit from our article Do You Need Probate for a Small Estate?
When probate is often not needed
There are many situations where probate may not be required, or only required in a limited way.
Common examples include:
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Joint bank accounts, which usually pass automatically to the surviving holder
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Estates with no property and modest balances below providers’ thresholds
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Assets that pass outside the estate, such as some pensions or life policies
However, thresholds vary widely. One bank might release £30,000 without probate, another might insist on it for £10,000.
This is why two very similar estates can be treated differently — and why it’s sensible to check asset by asset.
Joint assets and joint property
Joint ownership causes more confusion than almost anything else in probate.
People often assume:
“If it’s in joint names, probate isn’t needed.”
That can be true — but not always.
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 main types of ownership:
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Joint tenants — the property passes automatically to the survivor
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Tenants in common — the deceased’s share does not pass automatically and usually requires probate
If you’re unsure which applies, the Land Registry title can usually clarify this.
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To read more about whether probate is required for jointly held assets you may wish to read our article Do you Need Probate if Everything is in Joint Names?
Property and probate: the biggest trigger
Property is the single most common reason probate is required.
If a property was owned in the deceased’s sole name, probate is almost always needed before it can be sold or transferred.
Even when everything else in an estate is straightforward, a house or flat often changes the picture entirely. This is where delays, stress and uncertainty tend to arise.
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To read more about whether probate is required when there is a property, you may wish to read our article Do you Need Probate to Sell a House?
A simple real-world example
Here’s a very common scenario:
A woman dies leaving:
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a jointly owned home with her husband
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two joint bank accounts
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a savings account in her sole name with £8,000
There are no investments or policies in her name alone.
In this situation:
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the house passes automatically to her husband
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the joint accounts pass automatically
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the savings account is below the bank’s threshold
Probate is not required.
Many families assume probate will be needed in cases like this — and are relieved to discover it isn’t.
Common misconceptions
“There’s a will, so we definitely don't need probate.”
Not necessarily. A will doesn’t remove the need for probate where organisations require authority.
“We can’t do anything until probate is granted.”
Many practical steps can be taken well before probate.
“Joint ownership always avoids probate.”
Sometimes yes, sometimes no — especially with property.
“Small estates never need probate.”
Some banks have very low thresholds, so even modest estates can require it.
What usually happens next
Once people understand whether probate is likely to be needed, the next steps are usually:
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Listing the assets and how they were owned
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Checking what each organisation requires
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Deciding whether to apply personally or explore professional support
If you’re unsure where you sit, that’s completely normal — and clarifying this early often removes a lot of stress.
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If you do require probate, and are looking to navigate the process yourself, our guide Probate, Done Properly, has been written to not only walk you through the process, but also help you avoid the most common pitfalls.
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Frequently Asked Questions
Do I need probate if there is a will?
Having a will does not automatically remove the need for probate. Probate is still often required where assets are held in the deceased’s sole name and organisations require legal authority before releasing or transferring them.
Do I need probate if everything is in joint names?
Not always. Many jointly held assets pass automatically to the surviving owner, but this depends on how the asset is owned. Property owned as tenants in common, for example, may still require probate.
Do I need probate to sell a house?
If the property was owned in the deceased’s sole name, probate is usually required before it can be sold. Property ownership structure plays a key role here.
Do I need probate for a small estate?
Sometimes probate isn’t required for smaller estates, but this depends on the type of assets involved and the policies of the organisations holding them. There is no single size threshold that applies universally.
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Can I find out if probate is needed before applying?
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Yes. In many cases, you can confirm whether probate is required by checking how assets are owned and asking the relevant banks or providers what they need before releasing funds or transferring property.