Free tool · England & Wales
Do you actually need probate?
Five quick questions show whether the estate is likely to need a grant of probate — and what to do either way. No sign-up, no obligation.
What they owned
Largest single bank or building-society balance in their sole name
Banks set their own probate thresholds — this is the figure they care about.
The verdict
Probate looks likely
At least one asset usually cannot be dealt with without a grant.
Why
- They owned property or land in their sole name. HM Land Registry will not register a sale or transfer of sole-name registered property without a grant, so this on its own usually makes probate necessary.
- A largest balance of £5,000–£20,000 may well be released without a grant, but some institutions set their probate threshold as low as £5,000. Each one decides for itself — ask each institution directly.
What to do next
- List every asset and debt, noting whether each was in their sole name or joint names — the probate application needs estate values anyway.
- Ask each bank and building society for a date-of-death balance and its bereavement requirements in writing.
- Work out the inheritance-tax position before applying — any HMRC reporting comes before the grant is issued.
- Apply for the grant of probate (where there is a will) or letters of administration (where there is not), then collect in, settle debts and distribute.
What happens next — the typical timeline+
The typical stages
- Register the death and notify each institution.
- Value the estate — date-of-death balances, property valuations, debts.
- Report the inheritance-tax position to HMRC where the estate requires it.
- Apply for the grant — gov.uk says you will usually get it within 12 weeks of submitting the application, longer if HMCTS needs more information (checked June 2026).
- Collect in the assets, settle debts and taxes, and distribute. Full administration of a straightforward estate commonly takes 9–12 months.
Small estates
Where the estate is modest, the legal side is often much lighter: most banks and building societies release balances below their own threshold (commonly £5,000–£50,000) against the death certificate and a signed declaration, with no grant at all — and in England & Wales there is no court application fee for estates of £5,000 or less. Any inheritance tax due is still the estate’s responsibility.Probate looks likely — a fixed-fee consultation maps the exact steps.
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Guidance, not advice. Whether a grant is needed is decided asset by asset by each bank, registrar and HM Land Registry — not by this checker. It covers England & Wales only (Scotland and Northern Ireland differ) and assumes jointly owned assets were held as joint tenants. Wills and estate administration are not regulated by the FCA. Your actual position would be confirmed by our team.
When probate is needed — and when it isn’t
Probate — strictly, a grant of representation — is the legal authority to deal with someone’s estate after they die. Whether you need it depends less on how much the person owned than on how they owned it. Property or land in their sole name almost always requires the grant: HM Land Registry will not register a sale or transfer without it. Bank and building-society money is different — there is no statutory threshold, so each institution sets its own limit, commonly somewhere between £5,000 and £50,000. Below that limit they usually release funds against a death certificate and a signed declaration; above it they ask for the grant. The only way to know for certain is to ask each institution.
At the other end, many estates need no grant at all. Assets held as joint tenants — a couple’s home, a joint account — pass automatically to the surviving owner by survivorship, outside the estate. Where everything was owned jointly with a surviving spouse or civil partner, probate is often unnecessary. One persistent misconception is worth correcting: having a will does not avoid probate. A will decides who inherits and who applies; the need for a grant is decided by the assets themselves.
How long does probate take?
Gov.uk currently says you will usually get the grant of probate or letters of administration within 12 weeks of submitting the application — longer if HMCTS needs more information (checked June 2026). But the grant is only the middle of the process. The typical stages run: register the death, value the estate (date-of-death balances, property valuations, debts), deal with any inheritance-tax reporting, apply for the grant, then collect in the assets, settle debts and taxes, and distribute what remains. Full administration of a straightforward estate commonly takes nine to twelve months — and longer where a property has to be sold or the estate holds overseas assets. The guides worth reading next:
- What probate is likely to cost — calculator
- How long does probate take in the UK
- What happens if you die without a will
- How to make a will properly
For how estate administration fits alongside wills, trusts and inheritance-tax planning, see our estate administration & probate service.
Do I need probate: common questions
When is probate needed?+
When an asset cannot be released or transferred without a grant of representation — a grant of probate where there is a will, letters of administration where there is not. Property or land in the deceased's sole name almost always needs one, because HM Land Registry will not register a sale or transfer without it. For bank and building-society accounts it depends on each institution's own threshold. Jointly owned assets usually pass to the surviving owner automatically and need no grant at all.
Do joint bank accounts and jointly owned homes need probate?+
Usually not. Assets held as joint tenants — most couples' homes and joint accounts — pass automatically to the surviving owner by survivorship, outside the estate. The survivor typically just registers the death with the bank or HM Land Registry. The exception is property held as tenants in common: the deceased's share does not pass by survivorship and may still need a grant.
What is a bank's probate threshold?+
The balance above which a bank or building society insists on seeing a grant before releasing money. There is no statutory figure — each institution sets its own limit, commonly somewhere between £5,000 and £50,000. Below it, most release funds against a death certificate and a signed declaration. The only reliable way to know is to ask each institution directly.
How long does probate take?+
Gov.uk currently says you will usually get the grant of probate or letters of administration within 12 weeks of submitting the application, and longer if HMCTS needs more information (checked June 2026). The grant is only one stage: valuing the estate and any inheritance-tax reporting come before it, and collecting in and distributing the assets come after. Full administration of a straightforward estate commonly takes nine to twelve months.
Do I need probate if there is a will?+
Often, yes — this is one of the most common misconceptions. A will decides who inherits and who applies, but it does not remove the need for a grant. Whether probate is needed depends on what the deceased owned and how it was owned, not on whether a will exists. What a will changes is the type of grant: a named executor applies for a grant of probate rather than letters of administration.
How much does probate cost?+
The court application fee in England & Wales is £300 for estates over £5,000, and nothing for estates of £5,000 or less (as at 2026). Professional fees are the bigger variable — they depend on who you instruct and how complex the estate is, ranging from fixed fees to a percentage of the estate. Our probate cost calculator gives a realistic range for your circumstances.
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