In this article
Whether you need probate depends on what the person owned and how they owned it, not on a single rule. You won’t need a grant if everything passed automatically to a surviving joint owner, or if the estate is small enough that the banks and other organisations involved release funds on sight of a death certificate. A grant is usually required where there is property in the deceased’s sole name, or substantial savings held in their name alone.
This guide explains when probate is and isn’t needed in England and Wales, why banks give different answers, and one point that catches many families out: having money released is not the same as being free to spend or share it.
What is probate, in plain terms?
Probate is the legal authority to deal with someone’s estate after they die. Where there’s a will, the document is called a Grant of Probate. Where there’s no will, it’s a Grant of Letters of Administration, and the rules decide who can apply. Either way, it’s often referred to simply as “the grant”.
The grant proves you have the right to collect in the deceased’s assets, pay their debts, and pass on what’s left. Some organisations won’t release anything without seeing it. Others will, if the amounts are modest.
When is probate not needed?
Probate often isn’t required where assets passed automatically to someone else on death. The common examples are:
- Jointly owned property held as “joint tenants”, it passes to the surviving owner by survivorship, outside the estate.
- Joint bank or building society accounts, the balance usually transfers to the surviving account holder on production of the death certificate.
- Small estates, where the only assets are modest bank balances, each institution may release them without a grant.
If everything the person owned falls into these categories, you may be able to settle the estate without applying for probate at all.
Do I need probate to release money from a bank?
It depends on the bank, and there is no single national threshold. Each institution sets its own limit for releasing funds without a grant, often somewhere between £5,000 and £50,000, though it varies widely. Below that limit, most banks release the balance once you provide the death certificate and complete their bereavement form. Above it, they’ll ask to see the grant first.
This is why families get different answers from different providers for the same estate. One bank releases £8,000 on a death certificate; another insists on the grant for a similar sum. The figure isn’t set by law, it’s the bank’s own policy. The only reliable way to know is to notify each organisation of the death and ask what they require.
Probate: usually needed, or usually not?
| Usually needs a grant | Usually doesn’t |
|---|---|
| Property or land in the deceased’s sole name | A home owned as joint tenants, passing to the survivor |
| Property held as “tenants in common” | A joint bank account passing to the survivor |
| Larger bank or building society balances (above the provider’s threshold) | Small bank balances below the provider’s threshold |
| Stocks and shares held individually | Assets with a valid nominated beneficiary (some pensions, life policies) |
Use this as a guide, not a guarantee, the right answer turns on the specific assets and how each one was held.
What if there’s no will?
If the person didn’t leave a will, they died “intestate”, and the rules of intestacy decide who inherits and in what order. Instead of a Grant of Probate, the next entitled person, usually a spouse, civil partner or child, applies for Letters of Administration. The job is the same; only the name of the grant and the rules on who can apply differ. You can check who inherits under the GOV.UK intestacy rules.
Funds released isn’t the same as free to distribute
This is the point that catches families out. When a bank releases money on a death certificate, it feels like the matter is closed and the money is yours to share among the family. It usually isn’t, at least not yet.
Whoever administers the estate has to pay the deceased’s debts, funeral costs and any tax before distributing what remains. If you share out the money early and a debt, a care-home bill or an unexpected tax liability surfaces afterwards, the person who distributed the estate can be held personally responsible for putting it right. That risk doesn’t disappear just because a bank handed the funds over.
The safe approach is to gather everything in, settle what’s owed, and only then distribute. Holding funds for a sensible period before paying out beneficiaries protects you, not just the estate.
Do I need a solicitor for probate?
No, you’re never obliged to use one, and for a straightforward estate many people apply themselves. The application fee is £526 for estates over £5,000 (and nothing for estates of £5,000 or less), with extra certified copies of the grant at £16 each. The grant itself usually arrives within around twelve weeks, though complex estates take longer.
Using a solicitor tends to be worth it where the estate is larger, where inheritance tax is in play, where there’s property to sell, where the will is unclear, or where relationships between beneficiaries are strained. If you’d like to know what our help would cost for your situation, we set this out on our probate pricing page, and you can read more about how we manage estates on our probate and estate administration page.
One quick note on Scotland. This guide covers England and Wales. Scotland has a separate system called “confirmation”, which works differently, so if the estate is in Scotland, the rules here won’t apply.
Not sure where your situation falls?
If you’re dealing with an estate and aren’t sure whether you need to apply, our someone has died guide walks you through the first practical steps, or we’re happy to talk it through and point you in the right direction. Request a callback and we’ll come back to you.
A note on figures: the fees and figures in this article are correct as at the date of publication shown on this article. Court fees, taxes and other charges change from time to time, so please check the current figures with the relevant official source before relying on them.
Frequently asked questions
Can I spend the money once the bank has released it?
Not straight away. Money released on a death certificate still has to cover the deceased's debts, funeral costs and any tax before anything is shared out. If you distribute it too early and a liability comes to light later, you can be left personally responsible for putting it right.
Does a joint bank account need probate?
Usually not. A joint account normally passes automatically to the surviving account holder once the bank has seen the death certificate, so it sits outside the estate that a grant covers.
Is probate needed if there is a surviving husband or wife?
Not always. Anything owned jointly usually passes to the surviving partner automatically, without a grant. Probate is still needed for assets held in the deceased's sole name, such as a property in their name only.
Can a probate application be refused or delayed?
It is rarely refused outright, but it can be delayed by a mistake in the application, a dispute over the will, or a caveat entered by someone challenging it.