Do You Need Probate in the UK? (2026): When It’s Required & When It Isn’t
Updated 13 May 2026 · 9 min read · England & Wales
Quick answer
Probate is required whenever the estate includes solely owned property or solely held bank/investment accounts above the institution’s threshold (typically £15,000–£50,000). Assets held jointly as joint tenants, pensions with nominees, and life insurance written in trust all bypass probate. There is no single statutory threshold — each bank sets its own. A will does not avoid probate, but it makes the process significantly faster and cheaper.
What is probate?
Probate is the court-issued authority that gives an executor (or administrator) the legal right to deal with a deceased person’s estate — collecting assets, paying debts, and distributing to beneficiaries. When a will exists, the document issued is a Grant of Probate. When there is no will, it is called a Grant of Letters of Administration. Both are types of “Grant of Representation”.
Banks, the Land Registry, HMRC, and other institutions will not release solely held assets to anyone — even the executor named in a will — until they see the original Grant. This is the bottleneck that makes probate necessary for most estates with property or significant savings.
When you DO need probate
Solely owned property
If the deceased owned any property (house, flat, land) in their sole name, probate is required to transfer or sell it. The Land Registry will not register a change of ownership without the Grant. This applies even if the property is left to a single beneficiary and there is no dispute.
Solely held bank accounts above the bank's threshold
Banks have their own thresholds (typically £15,000–£50,000 per institution). Below the threshold, some banks will release funds on sight of the death certificate and will. Above it, the Grant is required. Always contact each bank to confirm their current threshold.
Stocks, shares and investment accounts in sole name
Share registrars and investment platforms typically require a Grant before transferring or selling shares held in a sole name. Some platforms have informal small-holding thresholds but these are rare.
Premium Bonds above £5,000
NS&I requires a Grant of Representation before paying out Premium Bonds above £5,000 in a sole name.
When you do NOT need probate
Jointly owned assets (joint tenants)
Property or bank accounts held as joint tenants pass automatically to the surviving owner by the right of survivorship — no Grant needed for those specific assets. The surviving owner simply notifies the institution with the death certificate.
Pensions with a nominated beneficiary
Pension death benefits do not form part of the estate and are not subject to probate. The pension trustees distribute proceeds according to the nomination form (expression of wishes) — directly to the nominated beneficiary, without waiting for the Grant.
Life insurance written in trust
A life insurance policy placed in trust is owned by the trust, not the deceased. The trustees can claim the payout directly from the insurer without a Grant — typically within weeks of death.
Small bank accounts below the institution's threshold
Where the sole-name balance is below the bank's small-estate threshold (£15,000–£50,000 depending on the bank), most institutions will release the funds on sight of the death certificate and will (if any) without requiring the Grant.
Lifetime trusts
Assets held in a trust created during the deceased's lifetime (not a will trust) do not form part of the estate and do not go through probate.
Major UK bank probate thresholds (2026)
These figures are indicative — always confirm directly with the institution before assuming a Grant is not needed.
| Bank / Institution | Approx. threshold (2026) | Notes |
|---|---|---|
| Barclays | £50,000 | Per account |
| HSBC | £50,000 | Per account |
| Lloyds / Halifax / Bank of Scotland | £50,000 | Across all accounts at Lloyds Banking Group |
| NatWest / Royal Bank of Scotland | £50,000 | Per account |
| Santander | £50,000 | Per account |
| Nationwide | £30,000 | Per account |
| NS&I (Premium Bonds) | £5,000 | Across all NS&I holdings |
| Post Office Money | £25,000 | Per account |
The probate process at a glance
- Value the estate. List all assets and liabilities. Complete IHT205 (for non-taxable estates) or IHT400 (if IHT is due).
- Pay IHT first. HMRC requires at least part of any IHT due before the Grant is issued. Most banks offer the HMRC Direct Payment Scheme to release funds for this purpose.
- Apply online (with a will) or by paper (without a will). Pay the £300 court fee.
- Receive the Grant — typically in 4–8 weeks for online applications, 8–16 weeks for paper. Order multiple certified copies (£1.50 each).
- Administer the estate — collect assets, pay debts, distribute to beneficiaries. Keep records of everything. Total timescale: 6–12 months for most straightforward estates.
Does a will avoid probate?
No — a will does not avoid probate. It determines who applies (your named executor) and how the estate is distributed, but if the estate includes solely owned property or significant accounts, a Grant is still required. What a will does do is make the process significantly faster: online applications (available only when there is a will) are processed in 4–8 weeks vs 8–16 weeks for paper-only Letters of Administration. The estate is also distributed according to your wishes, not the statutory intestacy rules.
Frequently asked questions
Does every estate need probate in the UK?+
No. Probate (or Letters of Administration) is only needed when the estate includes assets in the deceased's sole name that institutions will not release without a court-issued authority. Jointly owned assets that pass by survivorship, pensions with nominated beneficiaries, and life insurance written in trust all bypass probate entirely. Small solely held bank accounts below the bank's threshold (typically £15,000–£50,000 per institution) may also be released without a formal grant.
What is the probate threshold for UK banks in 2026?+
There is no single statutory threshold — each institution sets its own. As of 2026, the main thresholds are approximately: Barclays (£50,000), HSBC (£50,000), Lloyds (£50,000), NatWest (£50,000), Santander (£50,000), Nationwide (£30,000). These apply per institution to the balance held in solely held accounts. Always contact the bank directly to confirm the current figure, as thresholds change without notice.
Do I need probate to sell a house after someone dies in the UK?+
Almost certainly yes, if the property was owned solely by the deceased. You cannot transfer or sell a solely owned property without a Grant of Probate (or Letters of Administration if there was no will). If the property was jointly owned as joint tenants, it passes automatically to the surviving owner by the right of survivorship — no probate needed for that asset. If held as tenants in common, the deceased's share forms part of the estate and probate is required.
How much does probate cost in the UK in 2026?+
The Probate Registry fee is £300 for estates worth more than £5,000 (free for estates of £5,000 or less). Additional sealed copies cost £1.50 each — most executors order 5–10 copies to send to banks, the Land Registry, and other institutions simultaneously. If you use a solicitor for probate, professional fees are typically 1%–2% of the estate value (£5,000–£20,000 on a £500,000 estate) plus VAT. DIY probate for a straightforward estate costs only the £300 court fee.
How long does probate take in the UK in 2026?+
Once the application is submitted, the Probate Registry currently issues a Grant of Probate in 4–8 weeks for online applications. Letters of Administration (for estates with no will) are paper-only and take 8–16 weeks. After the Grant is issued, administering the estate typically takes a further 6–12 months — collecting assets, paying debts, settling IHT, and distributing to beneficiaries. Complex or contested estates take longer.
Does a will avoid probate in the UK?+
No. Having a will does not avoid probate — it determines who administers the estate (your named executor) and how it is distributed. If the estate includes solely owned property or significant solely held accounts, a Grant of Probate will be needed regardless of whether a will exists. What a will does do is make the process faster (online application, 4–8 weeks vs 8–16), cheaper, and clearer — and ensures the estate goes to the people you choose rather than the intestacy rules.
Can I apply for probate without a solicitor in the UK?+
Yes. DIY probate is straightforward for uncomplicated estates. You apply online at GOV.UK, submit the death certificate, the will (if there is one), and the completed IHT form (IHT205 for non-taxable estates, IHT400 if IHT is due). The court fee is £300. Most executors with a straightforward estate (no disputes, no complex trusts, no foreign assets) find DIY probate manageable. A WillSafe UK Executor Guide walks through the full 12-month process.
Make the executor’s job easier with a clear will and executor guide
Probate is simpler when the will is clear, the executor knows where to find everything, and the estate is documented. The WillSafe UK Essentials Bundle includes a will, executor guide, and digital legacy inventory — everything an executor needs.