When is Probate Not Required?

Not every death in England and Wales requires a Grant of Probate or Letters of Administration. Whether you need one depends on how the deceased’s assets were owned and how much is involved.

Jointly owned assets passing by survivorship

If the deceased co-owned property or a bank account as a joint tenant (not a tenant in common), those assets pass automatically to the surviving owner on death. The surviving owner provides a death certificate and the asset transfers without a formal Grant.

Small estates below institutional thresholds

Most financial institutions will release funds without a formal Grant if the amount is below their internal threshold. This varies by institution and can range from around £5,000 to £50,000 or more. Contact each institution individually to confirm.

Assets passing outside the estate

• Life insurance policies written in trust pay directly to the named beneficiary
• Most pension death benefits are paid to nominated beneficiaries at the trustee’s discretion
• Some jointly held investments transfer automatically

When probate is definitely required

If the deceased owned property in their sole name, probate will almost always be needed. Similarly, bank accounts and investments above individual institutional thresholds held solely in the deceased’s name will generally require the formal Grant. If unsure, call us on 0800 689 1447 for a clear answer.