Do I need probate?

What probate actually is

Probate is the legal process that gives someone — usually the executor named in the will — the official authority to manage and distribute a deceased person's estate. Without it, most financial institutions will not release funds, and property cannot be sold or transferred.

The formal document issued is called a Grant of Probate if there is a will, or Letters of Administration if there is not.

When you probably do need probate

You will almost certainly need probate if your loved one owned property in their sole name. Most banks and financial institutions require it for accounts above around £5,000 to £10,000, though the threshold varies by institution.

If the estate includes stocks and shares, business assets, or significant personal assets, probate is usually required.

When you may not need probate

If your loved one owned everything jointly with a spouse or civil partner, those assets usually pass automatically to the surviving partner without probate.

Small estates with modest savings and no property may not require it — contact each bank directly to ask about their threshold.

Assets held in trust, life insurance policies with a named beneficiary, and pension death benefits typically pass outside the estate and do not require probate.

How to find out for certain

Contact each financial institution directly and ask whether they require probate for the accounts held. Most have a bereavement team who can answer this quickly. If property is involved, you will need probate.

If you are unsure, a probate solicitor can assess the estate in an initial consultation — many offer this free of charge.

Not sure where to start with the estate?

Behalf guides you through every step — including whether probate is needed in your situation.