Do all estates need probate is one of the most common questions families ask in the first few days after a bereavement, and the answer is no — many do not. Whether a grant of probate is required depends on the type and value of the assets the deceased held, not on whether there is a will. Small estates, jointly owned assets and certain pensions and life policies can often be released without any grant at all. Here we explain exactly what you need to know to work out whether the estate you are administering needs probate.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
The basic rule
Probate is the legal authority that allows executors to deal with assets held in the sole name of the deceased. If the deceased held no significant sole-name assets, no grant is needed. The Administration of Estates Act 1925 sets out the framework, but in practice it is each individual asset holder — the bank, the pension provider, the registrar of shares — who decides whether to release funds without a grant.
Most banks set their own threshold below which they will release funds on production of the death certificate and a small estates indemnity. These thresholds vary from £5,000 to £50,000 depending on the institution.
Jointly owned assets
Property and bank accounts held as joint tenants pass automatically to the surviving owner by the right of survivorship. No grant is needed for this transfer — only a death certificate. This is why a surviving spouse can often deal with the financial side of a bereavement without any probate application.
Property held as tenants in common is different. The deceased’s share forms part of the estate and usually does require a grant. The Land Registration Act 2002 governs how those interests are recorded. Our guide to estate administration explains the practical steps.
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Assets that usually require probate
A grant of probate is usually required when the deceased held property in their sole name, bank or investment accounts above the institution’s threshold, shares in publicly listed companies, business interests, or any asset where the registrar requires formal authority to transfer it.
Even where each individual asset falls below a threshold, providers often look at the total estate. If they know it is large enough to be reportable to HMRC under the Inheritance Tax Act 1984 they may insist on a grant even for small accounts.
Inheritance tax and the small estates question
Even where probate is not strictly required to release assets, the executor still has to consider whether inheritance tax is due. The 2026 thresholds are £325,000 nil-rate band and up to £175,000 residence nil-rate band, with a combined maximum of £500,000. Tax is charged at 40% above the threshold. For estates below the threshold and with no complications, no IHT account needs to be filed.
The probate court fee in 2026 is £300 for estates over £5,000 and nil for estates of £5,000 or less. You can use the GOV.UK probate service to check the latest fee.
Pensions, life insurance and trusts
Many pensions and life insurance policies are written in trust or contain a nomination of beneficiary. These pay out directly to the nominated person on production of the death certificate and do not require probate. They also usually fall outside the estate for inheritance tax purposes. Always check whether a nomination exists before assuming a grant is needed.
For more on how trust assets are treated, see our guide to the wider probate service.
How to find out for certain
The practical answer is to write to every institution holding an asset and ask whether they require a grant of probate. Send the death certificate and a covering letter giving an estimate of the value of the asset. The institution will reply in writing telling you what they need. If every institution confirms no grant is needed, you can administer the estate without applying.
Frequently Asked Questions
Do all estates need probate in England and Wales?
No. Estates consisting only of jointly owned assets or small accounts below each institution’s threshold can often be released without a grant. Whether probate is needed depends on the asset mix, not the existence of a will.
What size estate needs probate?
There is no fixed legal threshold. Each asset holder sets its own limit, typically between £5,000 and £50,000. If any single asset exceeds the holder’s threshold a grant will normally be required.
Do all estates need probate if there is a will?
No. A will names the executors but does not by itself create a need for probate. The need arises from the assets the deceased held, regardless of whether a will exists.
Does a jointly owned house need probate?
Not if it was held as joint tenants — it passes automatically to the surviving owner. If held as tenants in common the deceased’s share usually requires a grant.
What if some assets need probate and others do not?
If even one asset requires a grant you must apply, and the grant then covers the whole estate. The smaller assets can still be released directly but the executor must account for them in the estate accounts.
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Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)
