Do I Need Probate? A Practical UK Checklist

The simplest way to think about probate is: do you need a legal document to prove you can act for the estate?

Some estates can be handled with a death certificate and some paperwork. Others need a grant before banks, pension providers, or the Land Registry will allow anything to move.

Paperwork and documents on a table — Image source: Pexels.

Start here: what “needing probate” means

You “need probate” when an organisation requires formal proof that you are allowed to deal with the estate.

The document may be a grant of probate (often where there is a will), or letters of administration (often where there is no will). If you want a quick overview, start with what probate is.

List the assets (and who holds them)

Start with a simple list of what the person owned and who holds it. This will quickly show whether a grant is likely:

Bank and savings accounts (each bank sets its own requirements).
Pensions and life insurance (some pay directly to beneficiaries, others pay to the estate).
Property (solely owned vs jointly owned makes a major difference).
Investments, premium bonds, shares, ISAs and other accounts.
Debts (mortgage, credit cards, loans, care fees, utilities).

Ask each organisation what they need

There is no single “probate threshold” across banks and providers. Once you know who holds each asset, you can ask what they require to release it.

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Joint vs sole ownership: the big clue

Jointly owned assets often pass automatically to the surviving owner, outside the estate. Solely owned assets are more likely to require a grant.

Common joint assets

Joint bank accounts
Property owned as joint tenants
Some jointly held savings

Common sole assets

Bank accounts in one name
Property owned solely
Shares/investments in one name

Tenants in common is different

If a property was held as tenants in common, a share can pass under the will (or intestacy rules) rather than automatically. That often means the estate needs legal authority to deal with the share.

Property check: what to look for

If the estate includes property, you usually want answers to these questions early:

Was the home solely owned, or jointly owned?
If joint, was it joint tenants or tenants in common?
Is there a mortgage, and what are the ongoing payments?
Is the property empty (which can affect insurance)?

Our property-specific guides can help: property after death and estate valuation.

If there’s a will vs no will

If there is a will, the executors named in it usually apply for the grant (if a grant is needed). If there is no will, an administrator applies and the estate is distributed under intestacy rules.

Not sure who can apply?

We cover this in more detail in who can apply for probate.

Next steps if you do (or don’t) need it

If you likely need probate, your next job is to gather clean information: a basic asset/debt list, valuations (especially for property), and the details needed for an application.

If you likely do not need probate, you may still need to contact each organisation with the death certificate and their own forms. Either way, it helps to keep clear notes of who you spoke to and what they asked for.

Frequently asked questions

No. Banks and other providers have their own rules. If you are unsure, ask each organisation what they need to release or close accounts.

Often not, because many joint assets pass automatically to the surviving owner. Property can be more nuanced depending on ownership type (joint tenants vs tenants in common).

Not always. If the home was owned as joint tenants, the surviving owner may inherit automatically. If it was tenants in common, the deceased’s share may need to be dealt with through the estate.

Start by checking paperwork at home, speaking to close family, and contacting the solicitor who may have drafted it. If no will exists, the estate may be handled under intestacy rules.

Klaro is not a law firm. We connect you with SRA-regulated solicitors.

This guide is for informational purposes. It does not constitute legal advice.

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