Do you always need probate if there is a will?

No. Probate is only needed if the estate exceeds certain thresholds or if the assets cannot be accessed without it. Joint accounts and small estates often bypass probate.

What happens to a joint bank account when someone dies?

A joint bank account typically passes automatically to the surviving account holder, regardless of what the will says. No probate is needed. The surviving owner can access the account with a death certificate.

Can you access a sole bank account without probate?

Usually not. Sole accounts are frozen and normally require a grant of probate to release funds. Some banks allow simplified procedures for very small amounts, but most will not release significant funds without probate.

How do you know if you need probate?

Contact each bank and organisation holding the deceased's assets. Ask whether they require probate to release funds. If any require it, you must apply. If all say no, you can settle without probate.

Do you need probate if there is a will?

Having a will does not automatically mean you need probate. Probate is only required if the estate exceeds certain thresholds or if the will cannot be executed without it. This guide explains when probate is and is not needed.

The common misconception

Many people believe that having a valid will means probate is automatic. This is not true. Probate is a legal process that proves the will is genuine and authorises the executor to distribute the estate. It is only needed in specific circumstances.

If all assets pass outside the will (for example, they are jointly owned) or if the estate is below certain thresholds, probate may not be required.

When you do need probate (with a will)

Probate is required if:

The estate exceeds a certain value (thresholds vary by organisation, typically £5,000 to £15,000).
The will includes property (land or buildings) that needs to be transferred or sold.
The estate includes shares or investment accounts.
The estate includes assets held in the deceased's sole name that exceed individual financial institutions' thresholds.
A bank or other organisation refuses to release funds without sight of probate.

When you do not need probate (with a will)

Probate may not be needed if:

All assets were jointly owned (joint bank accounts, property held as joint tenants) and pass automatically to the surviving owner.
The estate is very small (typically under £5,000) and the deceased's assets are limited.
The only assets are in joint accounts where the other owner is the sole beneficiary.
All funds can be accessed through simplified procedures offered by banks or building societies for small estates.

Jointly owned accounts

Accounts held in joint names (such as a joint bank account or joint savings account) typically pass directly to the surviving account holder upon death, regardless of what the will says.

This is called 'right of survivorship.' The surviving account holder can access the account and funds after presenting a death certificate. No probate is needed.

However, the account must be truly joint. Some accounts are in one person's name with another person authorised to operate it. These are different and may require probate to settle.

Sole accounts

Accounts in the deceased person's name alone are frozen when the bank is notified of death. The bank will not release funds without evidence of authority, usually a grant of probate.

Some banks offer simplified procedures for releasing small amounts (typically under £5,000) without probate, but most require the full probate process.

Small estates procedure

Many financial institutions allow a simplified process for small estates. If the total value of the deceased's assets is below a certain threshold (often £5,000 to £15,000), the bank or building society may release funds directly to the executor based on the will and death certificate, without requiring probate.

This is not a legal exemption. It is a commercial decision made by individual organisations. Ask the banks and organisations holding assets whether they will use this simplified approach.

Probate delays and costs

Applying for probate takes time (usually 6 to 12 months) and incurs a fee. If you can avoid probate, you may settle the estate faster and at lower cost.

However, do not attempt to access or distribute assets without proper authority. If an organisation requires probate and you have not obtained it, they will not release funds, and you cannot proceed.

How to establish whether probate is needed

Contact each bank, building society, and organisation holding assets belonging to the deceased. Ask them whether they require a grant of probate to release funds or transfer assets.

Provide them with details of the asset and the estate value. They will tell you whether probate is needed.

If any organisation requires probate, you must apply, as you cannot proceed without it. If all organisations confirm they do not need it, you can settle the estate without probate.

No will and probate

If there is no will, the rules are similar. Probate (or letters of administration, which serve the same purpose) is required if the estate exceeds certain thresholds or if assets need to be transferred.

Jointly owned assets still pass to the surviving owner without the need for probate, regardless of whether there is a will.