Do I Need Probate? When a Grant of Probate Is (and Isn't) Required

Probate is a piece of paper that proves you have the legal right to handle someone's money and property.

Before the death, there was a will (maybe) or UK Intestacy law (if there wasn't) - but nobody outside the family cared. Once someone dies, banks, building societies, and insurance companies need proof that you're allowed to touch that money. They need the court to stamp their form and say: yes, you can release these funds.

But here's the thing: most institutions have a threshold. If the total money in their system is below that number, they'll release funds without needing you to get probate first.

This is huge. It means many estates never go near a court.

Some assets never need probate, regardless of how much money is in them.

• Joint accounts: If a bank account was held in joint names - usually with “survivorship rights” - the money passes automatically to the surviving account holder the moment the other person dies. You don't need probate. You just need to tell the bank, wait for paperwork, and the account becomes yours (or is transferred). This is true even if the account has £500,000 in it.
• Joint property: If a house was owned as “joint tenants” (the legal term varies slightly in Scotland and NI), it passes to the other owner automatically on death. Probate isn't needed.
• Life insurance policies held in trust: Many people arrange for life insurance to be held “in trust” so the proceeds go directly to the Beneficiary. No probate needed. The insurance company pays the beneficiary directly.
• Premium Bonds: If someone owned Premium Bonds, they're paid to the beneficiary direct.
• Money held in trust: If money was in a formal trust during the person's lifetime, the trustee (not the Executor) manages it.
• Pension death benefits: Most pensions have designated beneficiaries. The pension provider pays that person directly, without probate.

These assets can be worth millions. Probate still isn't needed for them.

If an estate includes assets that do need probate (a house in the person's sole name, a savings account, investments, a business), the amount that triggers probate depends on the institution.

This is the bit that confuses everyone. There is no single “probate threshold” in UK law. Instead, each bank, building society, and financial institution sets its own.

Common thresholds by bank (2025):

Important: These thresholds change. Phone your institution directly. Don't rely on this list for the final decision.

If the money in that specific account is below the threshold, many banks will release funds without seeing a grant of probate. Instead, they'll ask for an Indemnity (a guarantee from you that you're legally allowed to access the money - and that the bank is protected if anyone challenges you later).

Indemnities are often free or cost £50–£200. Probate costs £273 plus solicitor fees (or hundreds in DIY costs). Do the maths.

You definitely need probate if:

• The deceased left a house or property in their sole name: The Land Registry requires a grant of probate to change ownership. No exceptions.
• The estate is above the inheritance tax threshold: If the total estate (including everything: property, savings, investments, life insurance, pensions, the lot) exceeds £325,000 (or £500,000 if a residential property passes to direct descendants), you'll need to report it to HMRC. And to report it, you'll need to apply for probate.
• The will says so: Some wills explicitly state that the executor must obtain probate. This is rare but binding.
• There's a dispute: If someone challenges the will or the deceased's mental capacity, the courts may require probate before releasing funds.
• It's a very large liquid estate: Even if it's all in accounts, a bank holding £200,000+ might not release it without probate, whatever their written threshold says. Phone them first.

Read through this in order, from top to bottom. The first “yes” answer is probably your situation.

1. Is there a house, flat, or land in the deceased's sole name? YES → You need probate (to change ownership at the Land Registry). NO → Go to 2.
2. Is the total estate (all assets combined) over £325,000? YES → You need probate (for HMRC reporting). NO → Go to 3.
3. Are there investment accounts (stocks, bonds, unit trusts, ISAs)? YES → Most investment firms require probate. NO → Go to 4.
4. Are you dealing with only bank and building society accounts and/or life insurance? YES → Check the bank's individual threshold (phone them). If your account is below their threshold, you probably don't need probate. Go to 5. NO → Review your situation - you may have missed something.
5. Does the specific account you're trying to access hold MORE than their stated threshold? YES → You need probate. NO → You probably don't. Contact the bank about providing an indemnity.

Real life doesn't always fit the flowchart.

• Multiple small accounts that add up: If someone had £15,000 in one bank (below threshold) and £25,000 in another (also below threshold), but £40,000 total, some institutions get cagey. They'll ask: is this estate actually smaller than we thought? You may need to get probate anyway to settle the matter.
• Accounts with the same institution: Some banks require you to get probate if the total of all accounts with them is above the threshold, even if each individual account is below it.
• Business interests: If the deceased owned part of a business (even 5%), probate is almost always needed, regardless of value. The business's legal structure matters. Talk to the business partner or accountant.
• Timeshares: Always requires probate, even if it's worth £50.
• Foreign assets: UK probate doesn't cover property or money in other countries. You'll need a “resealed” grant (a copy authorised abroad) or local probate in that jurisdiction. This is specialist territory.

If you access a bank account using an indemnity instead of probate, and three years later someone comes forward with a legal claim (a will challenge, a forgotten creditor, a child from a previous relationship), that indemnity protects the bank - not you.

The bank gets paid either way. You could end up paying the claimant out of your own pocket.

It's rare. But it's not zero risk. If there's any chance of dispute, get probate. The £273 court fee plus solicitor costs (typically £1,000–£3,000 if you use a solicitor, or £0–£500 if you DIY) is insurance. See our step-by-step probate guide for the full application process.

When you phone your bank, ask these questions:

1. What is your probate threshold?
2. If my account is below that, what documents do you need?
3. Can you do this with an indemnity?
4. How long does it take?
5. What happens to direct debits while the account is frozen?

Write down the answers. Email them to yourself. Having this information upfront makes everything easier, whether you end up handling it yourself or instructing a solicitor.

If the flowchart says “yes” or you're unsure, these guides will help:

• How to Apply for Probate: the full step-by-step application process
• Bank Probate Thresholds: compare thresholds for 15 major UK banks
• Notifying Banks After a Death: how to tell each bank and get funds released
• Executor Responsibilities: understand your legal duties as executor