When Is Probate Required in the UK?

“Do we need probate?” is usually a property question. If a house is in the estate, a grant is commonly needed before a sale or transfer can complete.

But it’s not only property. Banks, pension providers and insurers each have their own requirements, and those requirements can vary depending on the size and type of account.

A row of houses on a calm street in daylight — Image source: Pexels.

The short answer

Probate is usually required when organisations need formal proof that you can deal with the estate. That proof is the grant.

If you want a plain-English definition first, read what probate is.

Property: the most common trigger

If the person who died owned a property in their sole name, it is common to need probate to sell or transfer it.

If the property was jointly owned, the answer often depends on the ownership type (joint tenants vs tenants in common). We explain the practical differences in property after death.

Empty homes can become expensive fast

If the property is empty, check buildings insurance conditions quickly. Many policies have rules for unoccupied homes, and ignoring them can create unnecessary risk and cost.

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Banks and providers: what they may ask for

Different organisations have different requirements. In practice, you might be asked for:

The death certificate
A copy of the will (if there is one)
Identification for the executor/administrator
The grant (if their rules require it)

Keep a simple “who needs what” list

Note each organisation, what documents they asked for, and whether they need an original/certified copy. It reduces repeat phone calls and missed letters.

Joint ownership: what changes

Joint ownership often means assets pass automatically to the surviving owner. This is common with joint bank accounts and property held as joint tenants.

Tenants in common is not automatic

With tenants in common, a share of a property can pass under the will (or intestacy rules). That share is usually dealt with through the estate.

If there is no will

If there is no will, someone will usually apply for letters of administration. Who that is depends on the family relationship and who inherits under intestacy rules.

If you are unsure where you fit, read who can apply for probate and what letters of administration are.

How to check in your situation

List the asset holders (banks, pensions, insurers, investment providers).
Work out whether there is property, and how it was owned.
Ask each organisation what they require to release/close accounts.
Decide whether to apply yourself or get support if the estate is complex.

Frequently asked questions

Often where the estate is small, or where most assets pass automatically (for example through joint ownership). Each asset holder can still set their own requirements.

A will names who should act, but it does not force banks or the Land Registry to release assets without a grant. Many estates with a will still need probate.

Not always, especially when a home was owned as joint tenants and passes automatically to the survivor. Sole ownership and tenants in common often mean the estate needs legal authority to deal with the property.

That can be complicated, especially where property is involved. It may be possible to appoint someone else through a legal process. Getting advice early can prevent long delays.

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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