When is probate required?

Regardless of whether the deceased left a Will or not, you may be required to apply for a Grant of Probate. In this article, we will show you when probate is required, when it is not, and what the current financial institution thresholds are for needing a Grant. 

When is probate required? 

 If you need to apply will depend on several factors, and these are scenarios when probate is required: 

• Property in sole name: If the deceased owned a property in sole name. Property will need to be professionally valued before you can apply;

• Other significant assets in sole name: Did the deceased have a valuable art collection, antiques, or businesses? These will need to be valued by a professional;

• Stocks and shares in sole name: Did they have a Stocks & Shares ISA? Did they invest by buying shares in the company they worked for? Or did they have a Financial Adviser helping with investments?; 

• Money held in a sole name bank account over £5,000*: Depending on the financial institution/ bank, you will need a probate if the deceased held more than £5,000 in a bank or savings account. However, this threshold varies, see the table below for each financial institution; 

• Financial institution asks for it: In some instances, you may be asked for a Grant of Probate just to discuss or query something with a financial institution relating to a deceased account. Be prepared that Grant may be needed, even if all the above scenarios are not applicable;

• Estate administration disputes or legal proceedings: In rare circumstances, the estate administration process can lead to a dispute and legal proceedings, and in this scenario, it will be important to get a Grant of Probate.

As you can see, whether or not probate is required doesn’t just depend on the estate’s value. Instead, it depends on how the deceased’s assets are held and which financial institutions they are with. 

When is probate not required? 

• Low estate value: Probate is often not required if the estate is worth less than £5,000;

• No property, land, or shares: No estate owned;

• Insolvent: If the deceased owed more than he owned, a Grant of Probate wouldn’t be needed; in fact, no work should be done to avoid becoming liable for someone else’s debt. 

• Trusts: If they set up a Trust in Will, Grant won’t be needed, but you will need to register the Trust and Trustees;

• Joint assets: If assets were held jointly, probate is usually not required. In these cases, the assets typically pass automatically to the surviving spouse or civil partner. However, some jointly owned properties may still require probate. This is often the case if the property is owned as 'tenants in common' rather than 'joint tenants'.

Current probate thresholds for UK financial institutions 

Each financial institution has its own probate threshold. Some set a fixed limit, while others decide on a case-by-case basis. Thresholds can range between £5,000 and £50,000. As these limits can change, it's best to confirm directly with the relevant institution when dealing with an estate. 

These figures are accurate to the best of our knowledge as of March 2025. Since thresholds can change, it's important to confirm the details directly with each institution when managing an estate.