When is probate required?

Many new executors ask: When is probate required? The short answer is that probate is usually needed when someone dies, leaving assets in their sole name, such as property, bank accounts, or shares. It’s the legal process that confirms who can manage the estate. If all assets were jointly owned or of low value, probate may not be needed.

When is probate required in England or Wales?

Understanding when probate is required is key to avoiding delays and confusion when managing a deceased person’s estate.

You’ll usually need probate if the deceased had any of the following:

• Property owned solely in their name
• Property owned as tenants in common
• Bank or building society accounts over £5,000–£30,000
• Shares or investments over £10,000
• Premium Bonds or NS&I savings over £5,000
• Life insurance that pays into the estate
• A pension lump sum due to the estate
• Business assets or self-employed interests

These are the most common triggers that prompt banks, solicitors, or HM Land Registry to request a Grant of Probate before releasing or transferring assets. Each of these examples reinforces when probate is required to manage and distribute assets legally.

Each institution has its own probate threshold, so you’ll need to check with them directly.

The personal representatives can apply for probate on the GOV.UK website.

When probate might not be required

Probate is often not needed when:

• All assets are jointly owned and pass automatically to the co-owner
• The total estate value is under financial institution limits
• There’s no land or property to sell or transfer

These exceptions typically apply to simpler estates, where probate isn’t legally required to access or distribute the deceased’s assets. Knowing when probate is required, and when it’s not, helps executors save time and avoid unnecessary legal steps.

If you’re unsure, a quick call to each bank or asset holder will confirm if they need to see a Grant of Probate.

Do you always need probate if there’s a Will?

Having a Will doesn’t automatically mean probate is required. A Will helps confirm who should apply and who inherits, but probate is only triggered if the estate contains certain assets or exceeds bank thresholds.

Even in cases with a valid Will, you must understand when probate is required to release and distribute assets.

You might be interested in: How long does Probate take with a Will.

Final thoughts: When is probate required?

So, when is probate required? Probate is usually needed when the estate includes solely owned property, large savings, or investments. But smaller or jointly held estates may avoid it entirely. Always check with each bank, insurer, or investment provider, and seek legal advice for complex estates or disputes.

New to Probate? Understand your risks and liabilities

The following pages provide further information:

• Insuring an Empty House in probate
• Insuring an Empty House after the death of the owner
• Arranging Executor Home Insurance – understanding your liabilities
• Insuring an occupied property during probate
• Executor Insurance Guide

More questions?

• [Back to our Probate FAQ Page]
• [Visit our Probate Insurance FAQs page]

This article provides general information only and should not be taken as legal advice. For specific probate guidance, please consult a qualified probate solicitor. Find a Probate Solicitor here.

Don’t Overlook the Risk of a Contentious Probate Claim, or Miss the Warning Signs

As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.

Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.

These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.

Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.

Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.

Book Your Free Consultation