Do You Need Probate UK (2026)? When a Grant of Probate Is (and Isn't) Required

A Grant of Probate (or Grant of Letters of Administration if there is no valid will) is a legal document issued by the Probate Registry (part of HMCTS) that gives the executor or administrator official authority to deal with the deceased's estate. Why it is needed: (1) LEGAL AUTHORITY: many asset holders — banks, building societies, investment platforms, HMRC — will not release assets to an executor without seeing a Grant. The Grant is evidence that the executor has been legally authorised. Without it, a bank cannot safely release funds in the deceased's sole name; (2) TITLE TO PROPERTY: registered land (including residential property) cannot be transferred from the deceased's name to a beneficiary without a Grant. HM Land Registry requires a certified copy of the Grant as part of any application to transfer or sell a property that formed part of an estate; (3) WHAT PROBATE INVOLVES: the executor applies to the Probate Registry online (or on paper) after valuing the estate, completing the IHT return (IHT400 or IHT205 for excepted estates), paying any IHT due (or obtaining HMRC confirmation that none is due), and swearing the oath. The Grant is issued within 6-12 weeks (online). After receiving the Grant, the executor collects assets, pays debts, and distributes to beneficiaries; (4) LETTERS OF ADMINISTRATION: when a person dies intestate (without a will), or the executor named in the will is unable to act, the Probate Registry issues Letters of Administration rather than a Grant of Probate. The effect is the same — the administrator has authority to deal with the estate.

Probate is not always necessary. Several categories of assets pass outside the estate or can be released without a Grant: (1) JOINT TENANCY PROPERTY: property (including the family home) held as joint tenants passes automatically to the surviving co-owner by right of survivorship — outside the estate and outside the will. No Grant is needed to transfer the property to the survivor. The survivor simply notifies HM Land Registry of the death (sending the death certificate); (2) JOINT BANK ACCOUNTS: a bank account held in joint names passes automatically to the surviving account holder. No Grant required; (3) NOMINATED PENSION DEATH BENEFITS: defined contribution pension funds and lump sum death benefits under registered pension schemes are normally written in trust or paid at the trustees' discretion to the nominated beneficiary. They do not form part of the estate and do not require a Grant. The pension trustees pay the death benefit directly to the nominated beneficiary on production of the death certificate; (4) LIFE INSURANCE WRITTEN IN TRUST: life insurance policies that have been assigned into trust or written under trust (the common option offered by insurers) pay directly to the trust beneficiaries — outside the estate, no Grant required. Without a trust, the policy forms part of the estate and does require a Grant before payment; (5) NS&I SAVINGS: National Savings & Investments will release funds without a Grant where the total NS&I holding is below £5,000. Above £5,000, a Grant is required for NS&I accounts; (6) BANK AND BUILDING SOCIETY ACCOUNTS (SMALL ESTATE THRESHOLD): many banks and building societies will release sole-name accounts without a Grant where the balance is below a threshold — typically £5,000 to £50,000. The threshold varies by institution: (a) HSBC: typically releases up to £50,000 without a Grant; (b) Lloyds: up to £30,000-£50,000; (c) Barclays: up to £25,000-£50,000; (d) NatWest/RBS: up to £25,000; (e) Building societies: often lower thresholds. The executor should contact each bank directly — thresholds change and are not always publicly stated. A 'small estate statutory declaration' (the executor swears they are entitled to deal with the estate) is typically required in lieu of a Grant; (7) VERY SMALL ESTATES: where the entire estate (all assets in sole name) totals less than approximately £5,000-£10,000, it is possible to administer informally — creditors paid from the account, balance distributed — without a formal Grant. However, without a Grant, any asset holder can refuse to release funds, so this only works if all institutions agree.

Whether probate is required for the family home depends entirely on how it is owned: (1) JOINT TENANCY — NO GRANT REQUIRED: the most common home ownership type for married couples. The property passes by survivorship to the surviving co-owner. The survivor notifies HM Land Registry using form DJP (Death of a Joint Proprietor) — attaching the death certificate. HM Land Registry removes the deceased's name from the register. No Grant needed; no executor involvement; no probate application. Note: if the survivor then dies, the property is in the survivor's sole name and WILL require a Grant on their death (unless they have added a new co-owner in the meantime or made alternative arrangements); (2) TENANTS IN COMMON — GRANT REQUIRED: where the property is held as tenants in common, each owner's defined share passes under their will (or intestacy). The deceased's share cannot be transferred to the beneficiary without a Grant. The executor applies for a Grant; once received, the executor transfers the deceased's share (along with any co-ownership restriction recorded at HM Land Registry) to the beneficiary named in the will; (3) SOLE NAME — GRANT REQUIRED: if the property is registered solely in the deceased's name, a Grant is required to sell or transfer it. HM Land Registry will not accept a transfer without a certified copy of the Grant. A buyer's solicitor requires the Grant as part of the title verification; (4) UNREGISTERED LAND: older properties may still be unregistered. A Grant is required in any event to deal with unregistered land — the executor produces the Grant along with the title deeds to transfer title; (5) PRACTICAL IMPLICATION: for couples owning property as joint tenants, no Grant is needed on the first death — only on the second death. This is why couples must ensure they have made wills so the survivor can leave the property to the children.

Probate timescales depend on the complexity of the estate and whether IHT is payable: (1) SIMPLE ESTATES (no IHT): a straightforward estate where IHT is not payable (total estate within NRB; or all passing to surviving spouse) can use the online Probate Service. Typical timeline: executor gathers asset valuations (1-4 weeks); submits IHT205 excepted estate return to HMRC (optional for simple estates) or IHT400 if IHT is payable; submits online probate application with death certificate; Probate Registry issues Grant in 4-8 weeks from application; (2) IHT-PAYING ESTATES: IHT must be paid before the Grant is issued. The executor must: value the estate (including property valuations, share valuations, bank balances); complete IHT400 and schedules; pay IHT (must be paid from estate funds — which may require a 'probate loan' since the bank account is frozen pending the Grant — a classic chicken-and-egg problem); HMRC issues a receipt; Probate Registry issues the Grant. Timeline: 6-12 months from death to Grant is common; (3) THE IHT FUNDING PROBLEM: HMRC requires IHT payment before issuing clearance; the Probate Registry requires IHT clearance before issuing the Grant; banks require the Grant before releasing funds. To break the circle: some banks release funds directly to HMRC for IHT payment (Direct Payment Scheme); ISAs and premium bonds may also be released under the scheme; if not enough cash, the executor may need a probate loan secured on the estate; (4) DISPUTED ESTATES: if the will is challenged (lack of capacity, undue influence, forgery) or there is a family provision claim (ILTA 1975), probate can be delayed indefinitely pending litigation. Contentious probate can take 1-5 years; (5) LETTERS OF ADMINISTRATION (INTESTACY): where there is no will, the administrator must apply for Letters of Administration — the process is similar to probate but may take longer as the applicant hierarchy must be established under AEA 1925 rules.

Both documents give the holder authority to administer an estate — but they arise in different circumstances: (1) GRANT OF PROBATE: issued when there is a valid will and the person applying is the executor named in that will. The will names who is to administer the estate; the Grant confirms that authority; (2) LETTERS OF ADMINISTRATION (WITH WILL ANNEXED): issued when there is a valid will but the executor named has died, is unable to act, or has renounced their role as executor. The applicant is typically a beneficiary or next of kin who applies in the executor's place. The administration process is the same; (3) LETTERS OF ADMINISTRATION (WITHOUT WILL — INTESTACY): issued when the deceased left no valid will. The AEA 1925 rules specify who can apply: surviving spouse/civil partner first; then children; then parents; then siblings. The applicant administers the estate according to the intestacy rules. There is no executor — the administrator takes on equivalent responsibilities; (4) GRANT OF REPRESENTATION: a collective term covering both Probate and Letters of Administration. Many banks and institutions simply require 'a Grant of Representation' without specifying which type; (5) DE BONIS NON GRANTS: where the original executor has partially administered the estate and then died before completing administration, a 'de bonis non' (of goods not administered) grant is issued to allow a successor to complete the work; (6) FOREIGN GRANTS: where the deceased had assets in England and Wales but a Grant was obtained in Scotland, Northern Ireland, or a foreign jurisdiction, a UK 'resealing' or separate English Grant may be required to deal with the English assets. Scotland and Northern Ireland use their own systems (Confirmation in Scotland; Probate in NI); (7) WHO NEEDS TO SEE IT: banks; building societies; HM Land Registry; HMRC; pension trustees; investment platforms; shareholding registrars. Each institution typically requires an official copy (obtainable from the Probate Registry for £1.50 each — order several when applying).