Skip to content
Safe HarbourPowered by
Safe Harbour Legal01262 310 850safeharbour.legalAuthorised and regulated by the Solicitors Regulation Authority, SRA 598793.

Probate · 8 min read · Published

Do you need probate? When it is required and when it isn't

Not every estate needs probate. When a grant is required, and when small estates and jointly owned assets pass without one. It also shows how to find out where you stand.

By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.

This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.

Guides · Probate · No. 10 of 21Published · 8 minutes

After someone dies, one of the first practical questions is whether probate is needed. The answer decides whether you can deal with the estate straight away, or whether you first need legal authority from the Probate Registry.

It depends on what the person owned and how they owned it. This guide explains when probate is needed and when it is not. It also shows how to find out quickly where you stand.

What probate is

When you probably do need probate

You will usually need a grant where the estate includes assets that an institution will not release without legal authority. The most common triggers are:

  • Property in the deceased's sole name. A house or flat that was not jointly owned almost always needs probate before it can be sold or transferred.
  • Larger bank or building society balances. Each provider sets its own limit above which it insists on seeing a grant. Limits vary widely, from a few thousand pounds to tens of thousands.
  • Shares and investments. Most share registrars and investment providers require a grant.
  • Property owned as "tenants in common". The deceased's share passes under their will or the intestacy rules, which generally needs probate.
A quiet river in Driffield, with reeds and green banks under a big cloudy sky

When you probably do not need probate

Some estates can be wound up without a grant. Probate is often unnecessary where:

  • The whole estate was jointly owned and passes to the surviving co-owner
  • The estate is small: only modest bank balances below each provider's limit, and no property in the sole name of the deceased
  • Assets were held in certain trusts, or had a valid nomination (some pensions and life policies) that pays out directly to a named person

Finding out whether you need probate

The quickest way is to list what the person owned and how it was held. List property, bank accounts, investments, pensions and life policies, and whether each was solely or jointly owned. From that, it is usually straightforward to say whether a grant is required. Every organisation has its own rules, so ask each bank or provider what it needs.

With property, or a mix of sole and joint assets, it is worth a short conversation before you commit. Aaron will say whether probate is needed and, if it is, exactly what it will cost as a fixed fee. He never charges a percentage of the estate.

Waves washing over the sand beside a line of old wooden groynes on Hornsea beach

Probate help in Bridlington and East Yorkshire

Aaron Johnson handles probate from start to finish at a fixed fee, with one named contact throughout, for families across Bridlington, Driffield, Filey, Hornsea, Beverley and the wider East Yorkshire area, including home visits where that is easier. If you are not sure whether you even need probate, that is exactly the kind of question to ask.

Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 18 June 2026 · Ends

Questions

Questions people ask about this.

General answers for England and Wales. What applies to you depends on your circumstances.

Do you always need probate when someone dies?

No. Whether probate is needed depends on what the person owned and how. If everything was jointly owned and passes to the surviving co-owner, or the estate is small with no property in the deceased's sole name, you may not need a grant. Probate is most often required where there is a property in the sole name of the deceased, or larger bank, share or investment holdings.

Do you need probate if there is a will?

Having a will does not by itself decide whether probate is needed. What matters is the assets. A will names the executors and says who inherits, but the executors still need a grant of probate to deal with assets that institutions will not release without legal authority, such as a solely owned property or larger bank balances.

What is the threshold for probate?

There is no single national threshold. Each bank or building society sets its own limit above which it requires a grant before releasing money, and limits vary widely. A solely owned property almost always requires probate whatever its value. The probate application fee is £526 for estates valued over £5,000 (from 13 July 2026), and nothing for smaller estates.

Does jointly owned property need probate?

Property owned as "joint tenants" passes automatically to the surviving owner on death and does not need probate. Property owned as "tenants in common" is different: the deceased's share passes under their will or the intestacy rules, which generally does require probate. If you are unsure how a property was held, Aaron can check this for you.

How long do you have to apply for probate?

There is no strict deadline to apply for probate, but do not delay unnecessarily. Inheritance tax, where due, must be paid by the end of the sixth month after the death, and interest runs after that. Assets can lose value or cause complications if an estate is left unadministered. It is sensible to start within the first few months.

Next step

Ready when you are.

Sixty seconds of questions that end on a named plan and a fixed fee, with VAT.

Or call 01262 310 850, Monday to Friday, 9am to 5.30pm.

Appointments are usually available within a few working days, including Tuesday and Thursday evenings, and home visits across East and North Yorkshire.

Important

This guide contains general information about the law of England and Wales as at June 2026. It is not legal advice and should not be relied on in place of advice on your own circumstances. Probate, inheritance tax and intestacy law change often; check any specific point before acting on it. Outcomes for any one person depend on their facts, the documents, and decisions taken by HMRC, the courts and others. Fees shown are fixed once agreed in writing, before any work starts. Safe Harbour Legal and Legal Studio Solicitors are trading names of MDLS Solicitors Limited (company number 08599445), authorised and regulated by the Solicitors Regulation Authority, SRA 598793. The complaints procedure is at legalstudio.co.uk/sra-complaints (Legal Studio's website).