Do I need probate?
Work out whether you need a grant of probate at all — and the common situations where you don't. Plain-English and sourced from GOV.UK, for England and Wales.
Reviewed by a qualified probate case manager
All figures on this page verified June 2026 against GOV.UK.
Probate is the legal right to deal with someone's money, property and possessions after they die. Not every death needs it. Whether you need a grant depends on what the person owned and how they owned it — not on the size of the estate alone.
Work through these questions
This is a guide to help you think it through — not a substitute for checking with each provider. Probate is dealt with asset by asset, so it is normal for some assets to need a grant while others don't.
1. Did the person own a property?
A home owned in the person's sole name, or owned with someone else as tenants in common, normally needs a grant of probate before it can be sold or transferred. A home owned as joint tenants passes automatically to the surviving owner by survivorship, and often does not need probate.
2. How much is held in sole-name bank or building society accounts?
Each bank sets its own limit for releasing money without a grant. Below the limit, the bank usually pays out on a death certificate and a short form; above it, it needs a grant. Limits vary widely by bank — see the bank-by-bank probate thresholds.
3. Was everything jointly owned?
Joint bank accounts and jointly held (joint tenant) property usually pass straight to the surviving owner and don't form part of the estate that needs a grant. If everything the person owned was joint, you may not need probate at all.
4. Were there shares, investments or a life policy?
Investment providers and share registrars usually need a grant above their own thresholds. A life-insurance policy written in trust pays out directly to the named beneficiary and is outside the estate, so it generally doesn't need probate.
If you do need probate
The person dealing with the estate applies for a grant. If there is a will, the executor named in it applies for a grant of probate on form PA1P. If there is no will, the nearest relative entitled under the intestacy rules applies for letters of administration on form PA1A.
When to get help
Most straightforward estates can be dealt with without a solicitor. Consider professional help if the estate is large or pays Inheritance Tax, if the will is unclear or disputed, if someone might make a claim against the estate, or if there are business assets, trusts or assets abroad. The executor's role page explains an executor's personal responsibility in more detail.
Next step
Ready to apply for probate?
Most executors apply themselves on GOV.UK. There is no solicitor required for a straightforward estate.
Apply for probate on GOV.UKCommon questions
- Is probate always needed when someone dies?
- No. Probate is often not needed for small estates, for assets held jointly that pass automatically to the survivor, or where each institution will release funds below its own threshold. It is usually needed where the person owned a property in their sole name or held larger sole-name accounts or investments.
- Who applies for probate?
- If there is a will, the executor named in it applies for a grant of probate using form PA1P. If there is no will, the closest relative entitled under the intestacy rules applies for letters of administration using form PA1A.
- What does it cost to apply?
- The application fee is £300 for estates over £5,000, and nothing for estates of £5,000 or under. You apply yourself directly on GOV.UK.
Related guides
- Bank probate thresholds: when each bank needs a grantThe balance at which each major UK bank requires a grant of probate.
- Inheritance Tax, explained and datedThe thresholds, rates and allowances — every figure dated and sourced from GOV.UK.
- How long does probate take in 2026?Realistic current timelines, the known delay points, and copy-paste chase templates.
- Who inherits when there is no will?The statutory order of inheritance — including the unmarried-partner gap.
Official sources
All figures on this page verified June 2026 against GOV.UK. Reviewed by our probate case manager.