How do I know whether probate is needed?

After someone dies, one of the first questions families ask is whether they need probate. The answer depends on what the person owned, how they owned it, and the rules of each organisation holding their money. This guide may help you work it out.

When probate is often needed

Probate is usually needed if the person who died:

• owned a house, flat or land in their sole name
• owned property with someone else as "tenants in common"
• had money with a bank, building society or investment company that asks to see a grant
• held shares or investments in their own name

When probate may not be needed

GOV.UK says you may not need probate if the person who died:

• only had savings
• owned shares or money jointly with others, which usually pass automatically to the surviving owners
• owned land or property as "joint tenants" with others, which passes automatically to the surviving owners

Our guide to joint tenants and tenants in common explains the difference between these two types of ownership.

Each organisation sets its own limit

There is no single legal amount below which probate is never needed. Each bank, building society or pension provider decides how much it will release without seeing a grant. One bank may release a small balance with just a death certificate. Another may ask for probate for a similar amount.

A practical approach is to contact each organisation, explain that the account holder has died, and ask:

1. how much is held in the account
2. whether they need to see a grant of probate before releasing it
3. what forms or documents they need instead, if not

Things that usually sit outside the estate

Some assets do not usually pass under the Will, so they may not affect whether probate is needed:

• jointly owned bank accounts
• property owned as joint tenants
• many pension death benefits, which are often paid at the pension scheme's discretion
• life insurance policies written in trust

A practical example

When Raj died, he owned his home jointly with his wife as joint tenants, and they had a joint bank account. He also had a small savings account in his own name. The home and joint account passed to his wife automatically. The building society agreed to release the small savings balance on a simple form. In this case, probate was not needed.

If Raj had owned the home as tenants in common, or had larger sole accounts, his wife would probably have needed a grant.

Inheritance Tax may still need reporting

Even if probate is not needed, the estate may still need valuing for Inheritance Tax. Some estates must be reported to HMRC. GOV.UK says most estates are not taxed, but it is worth checking. Our guide to Inheritance Tax basics explains the thresholds.

Scotland and Northern Ireland

This article covers England and Wales. In Scotland, the equivalent of probate is called "confirmation" and it works differently. Northern Ireland has its own probate office and rules. See the mygov.scot bereavement pages or nidirect's guide to applying for probate. At present we cannot reliably route enquiries from Scotland or Northern Ireland.

When to get professional help

It can be hard to tell whether probate is needed, especially if records are incomplete. Help may be useful if:

• you cannot find a list of the person's accounts or investments
• there is property, and you are unsure how it was owned
• the person had assets abroad
• a bank has asked for a grant and you are unsure what to do next

Our guide on the probate process sets out the main stages if you do need a grant.

Next steps

Please take whatever time you need. If you would like support, you can tell us a little about the estate when you feel ready.

You can read more on our Probate page, or answer a few short questions in our probate questionnaire and we will aim to introduce you to up to three appropriately qualified firms.

WillHarbour is an independent introduction service, not a law firm, and we do not give legal, tax or financial advice. With your permission, we share your enquiry with up to three suitable firms, such as solicitors or other firms that help with estates. It is free to use and there is no obligation. The firms pay us a fee for each introduction, and they must tell you about this, and their own fees, before you instruct them.