Do I need probate?

Check each asset holder’s requirements

Probate is the authority to deal with a deceased person’s estate. A bank or investment provider may release a small balance without a grant, but each organisation sets its own requirements. There is no single bank balance that answers the question for every estate.

Ask each institution what it needs and keep its response. The £5,000 threshold for the court application fee is not a universal rule about whether probate is necessary.

Joint ownership needs a closer look

An asset that passes automatically to a surviving joint owner may not need a grant for that transfer. Property held as joint tenants is treated differently from a share held as tenants in common. Check the ownership before assuming a home passes outside the estate.

Check who is entitled to apply

Where there is a will, start with the named executors. Without a will, entitlement follows legal rules rather than whoever volunteers first. An unmarried partner is not automatically entitled to apply in that capacity. A will with no executor able to act also needs the correct applicant and form.

What to gather first

A useful first file contains the death certificate, the original will and any codicils, a list of assets and debts, and replies from banks or other asset holders. Record whether property and accounts were jointly owned. Keep copies of correspondence and avoid distributing assets until entitlement and liabilities are clear.