Do I Need Probate? When a Grant Is (and Isn't) Required in England and Wales¶

After a death, someone will tell you that you need probate, and someone else will say you don't, and nobody will explain the rule that applies to this specific situation. The truth is: it depends. On the size of the estate. On what kind of assets it holds. On which banks and insurance companies are involved.

This guide is for England and Wales. It shows you when probate is required, when it isn't, and what to ask the bank before assuming you need a Grant of Probate at all.

If you can only do one thing today: Check the threshold your bank or building society uses. Some institutions only ask for probate on estates over a five-figure balance. Others release funds at lower balances against an indemnity. One call to the right bereavement team could save you weeks of unnecessary admin. [source: gov-uk/applying-for-probate-2026-04-29.html]

Why probate exists, and why some estates skip it¶

Probate is the document that proves you have legal authority to handle someone's money and property. Banks, building societies, and the Land Registry usually need to see it before they release assets to you. If there's a will, the document is called a Grant of Probate and you apply as the executor. If there's no will, it's called Letters of Administration and the person applying is an administrator under intestacy rules. [source: gov-uk/applying-for-probate-2026-04-29.html]

Many institutions have a release threshold. If the value held with that institution is below the threshold, they'll often release funds without a grant, against an indemnity from the person claiming. This is why a lot of small estates never go near the Probate Registry.

Assets that never need probate¶

Some assets pass outside the estate entirely, regardless of value.

Joint accounts with survivorship rights. Money in a jointly-held account passes automatically to the surviving account holder on death. You notify the bank, send a death certificate, and the account becomes theirs. This is true even on substantial balances.

Property held as joint tenants. If a house was owned as "joint tenants" (rather than "tenants in common"), it passes to the other owner automatically on death. No probate needed for that property.

Life insurance written in trust. Many policies are arranged so the proceeds go directly to a named beneficiary. The insurer pays the beneficiary, and the money never enters the estate.

Pension death benefits with a nominated beneficiary. Most modern pensions ask members to nominate a beneficiary. The pension provider pays that person directly.

Premium Bonds and NS&I products. NS&I has its own bereavement process and pays the named beneficiary or claimant directly, without requiring a grant in most cases.

Money held in a formal trust. Trust assets sit outside the estate. The trustee, not the executor, handles them according to the trust deed.

If the entire estate is made up of these kinds of assets, probate may not be needed at all. In practice, most estates have at least one asset that does need it.

When probate is definitely required¶

Probate is almost always needed if any of the following applies:

There is a property in the deceased's sole name. The Land Registry requires a grant before changing ownership.
The estate exceeds the inheritance tax thresholds and is not an excepted estate. Once the inheritance tax return is required, probate follows. → How to apply for probate
The will explicitly requires it. Some wills direct the executor to obtain a grant regardless.
There is a dispute. If the will is contested or capacity is challenged, the Probate Registry will not release the grant until the dispute is resolved.
A bank refuses to release funds without it. Even where the written threshold suggests no grant is needed, individual banks can decline to release significant balances on indemnity alone.

The standard nil-rate band is £325,000. With the residence nil-rate band available, the combined threshold can reach £500,000 for an individual leaving a main home to direct descendants. [source: gov-uk/inheritance-tax-2026-04-29.html]

Bank thresholds in practice¶

There is no single statutory probate threshold in UK law. Each bank, building society, and financial institution sets its own. Major UK banks and building societies typically set their internal probate thresholds somewhere between £15,000 and £50,000, with most high-street banks clustered at the upper end. The Co-operative Bank has historically used a lower figure, around £15,000, while several building societies sit in the £25,000 to £30,000 range. These thresholds change, and a bank can decline to release on indemnity even where its written policy would allow it. Always phone the institution to confirm the current figure. [source: gov-uk/applying-for-probate-2026-04-29.html]

The reliable approach is the same in every case:

Phone the bereavement team for that institution.
Ask what their probate threshold is for the account in question.
If the balance is below the threshold, ask which documents they accept and whether they release on indemnity.
Write the answers down with a date, name, and reference number.

When you have the bereavement team on the phone, it helps to ask a short fixed list rather than improvising:

What is your probate threshold for an account of this balance?
If we're below the threshold, which documents do you need to release the funds?
Will you accept an indemnity, and is there a charge for it?
How long does release typically take from the day you have everything?
What happens to direct debits and standing orders while the account is frozen?

Write the answers down with the date, the name of the person you spoke to, and a reference number. That note saves repeating the same call, and it's useful evidence if anything is later disputed.

Indemnities are usually no charge, or a small administrative fee. The probate application fee is £300 for estates over £5,000, plus any solicitor cost if you instruct one. [source: gov-uk/probate-fees-2026-04-29.html]

A simple decision flow¶

Read top to bottom. The first "yes" probably applies.

Is there a house, flat, or land in the deceased's sole name? Yes: probate will be needed for the Land Registry transfer. → Apply for probate
Is the gross estate over the relevant nil-rate band threshold and not an excepted estate? Yes: probate will follow the IHT return.
Are there investments held outside an ISA wrapper, in a brokerage or shareholding? Most providers require probate, regardless of size.
Is the only asset money in bank or building society accounts? Phone each institution. If every balance is under their stated threshold, an indemnity may be enough. If any account is above, probate is needed.
Is there a business interest, a timeshare, or a foreign asset? Probate is almost always needed, regardless of value.

If none of the above applies, you may be able to administer the estate without a grant. If any of them does, applying for probate is the next step.

The grey areas¶

Real estates rarely fit neatly into the flow.

Multiple small accounts that add up. Modest balances spread across several institutions may individually sit below threshold, but the combined estate value can prompt one of them to ask for probate to clear the matter formally.

Multiple accounts at the same bank. Many institutions look at the combined balance across all accounts they hold for the deceased, not at each account in isolation.

Business interests. Even a small shareholding usually needs probate before the registrar of the company will transfer or cancel the shares.

Timeshares. Almost always require probate, regardless of value, because of the way the management company processes the transfer.

Foreign assets. A UK grant does not cover assets held abroad. Depending on the country, you may need a "resealed" grant (a copy of the UK grant authorised in that jurisdiction) or a separate local grant obtained under that country's law. This is specialist territory and usually needs a solicitor with cross-border experience.

Disputes and unusual family circumstances. Where a will is being challenged, where mental capacity at the date of the will is in question, or where a child from a previous relationship has surfaced after the death, even straightforward estates often need a grant before any institution will release significant funds. The Probate Registry won't issue a grant while a formal challenge ("caveat") sits on the file, so disputes can also delay everything else.

The indemnity trade-off¶

If a bank releases funds on an indemnity rather than a grant, the indemnity protects the bank, not the estate. If a claim against the estate appears later, the bank's losses are covered by the indemnity, and the executor may be exposed personally.

In most uncontested estates this is fine. Where there is any chance of a dispute (a child from a previous relationship, a recent marriage, a missing creditor), a grant of probate gives a level of legal protection that an indemnity does not. The £300 application fee and a few weeks of waiting buys that protection. [source: gov-uk/probate-fees-2026-04-29.html]

What probate doesn't do¶

Probate doesn't handle Inheritance Tax. Probate doesn't notify banks. Probate doesn't close subscriptions, redirect post, or stop benefits. It is one specific step: the grant of legal authority. Most of the work, the calls, the forms, the letters, sits either side of it.

If you're struggling, you don't have to do this alone. Samaritans (116 123, 24/7) | Cruse Bereavement Care (0808 808 1677) | Mind (0300 123 3393)

Next: How to Apply for Probate

Last verified: 29 April 2026 against gov.uk/applying-for-probate.