What assets do not go through probate in the UK?

If you want to know which assets are not part of probate in the UK, this article explains which assets can pass outside the probate process, including jointly held property, life insurance held in Trust, and pension funds. Understanding these exceptions can speed up inheritance and avoid delays. 

Joint assets with survivorship 

When property or bank accounts are owned jointly as joint tenants, ownership automatically transfers to the surviving joint owner when one dies. This right of survivorship means no Grant of Probate is required for those assets. 

Joint ownership can bypass probate entirely for these assets, although it’s important to be sure the holding is in joint tenancy rather than tenants in common. Only in the latter case would probate be needed to deal with the deceased’s share. Joint accounts and jointly held property are among the most common assets that do not form part of probate. 

Life insurance paid into a Trust 

Life insurance policies that are placed in a Trust are not usually included in the deceased’s estate. Instead, payouts typically go directly to beneficiaries named in the Trust, bypassing probate entirely. This means quicker access to funds without waiting for estate administration. 

If a policy was not written in Trust, then the proceeds may count as part of the estate and require probate to access. A Trust structure also usually ensures the payout is free from Inheritance Tax (IHT).  

Pension pots and death benefits 

Pension death benefits, such as defined‑benefit or defined‑contribution plan lump sums, often bypass probate when they are paid directly to nominated beneficiaries. Rather than being administered through the estate, these benefits can be distributed by the pension provider without requiring a Grant. This facilitates faster distribution and may help beneficiaries access funds more quickly. 

Other probate-exempt assets 

Additional assets that typically fall outside probate include: 

• Assets held in named Trusts or living Trusts

• Payable-on-death or beneficiary-designated bank or investment accounts

• Small estates under a financial threshold, where institutions will release funds without probate

• Some employers offer death‑in‑service benefits if they name a beneficiary separate from the estate 

Using these structures, joint ownership, Trusts, and beneficiary designations can reduce probate delays and simplify inheritance. These estate planning tools help assets pass directly to the intended recipients.  

Why does it matter, and what to consider? 

Assets outside probate can reach beneficiaries more quickly. They avoid Court fees and streamline the process, especially when estates are straightforward or urgent cash is needed. 

However, care is needed in planning. Joint ownership may expose assets to unintended claims, and Trusts must be properly drafted to function correctly. Personal Representatives (PRs) still need to account for these assets for IHT and estate valuation purposes. 

Summary 

Here is a quick overview of assets that are not part of probate in the UK: 

• Jointly owned property or bank accounts with survivorship rights

• Life insurance policies written into Trust

• Pension death benefits paid to named beneficiaries

• Other assets held in Trusts or with payable-on-death arrangements 

These arrangements allow assets to transfer outside the estate and avoid probate, making distribution more efficient. However, legal and tax implications should be checked carefully, and benefits correctly nominated, to ensure smooth inheritance outcomes.