Probate Process Concept with House Model and Legal Tag for Estate Settlement

When you don't need probate

Probate is often part of dealing with someone’s estate, but it’s not always required. In this guide, we’ll explain what probate is, when it usually applies, and the situations where you can skip it.

You’ll also find practical tips to make the process easier and avoid unnecessary steps.

What is probate and when is it usually required?

Probate is the legal process that gives someone the authority to deal with a person’s estate after they die. It allows the executor or administrator to access accounts, sell property and distribute assets according to the will or intestacy rules.

You usually need probate when:

The person owned property in their sole name.
There are bank accounts or investments above the provider’s threshold.
Financial institutions ask for a grant of probate before releasing funds.

Learn how to apply for probate in our guide.

Common situations where probate isn’t needed

You won’t always need a grant of probate. Here are some common examples:

Joint ownership. If assets like bank accounts, savings or property are held as ‘joint tenants,’ they pass straight to the surviving owner. This is called the ‘right of survivorship.’ Usually, showing the death certificate is enough.
Small estates. Some banks will release funds without probate if the balance is below their set limit.
Assets in a trust. Any assets placed in a trust while the person was alive belong to the trustee. They can distribute these without probate.

Do you need probate if there is a will?

You may still need probate even if the person left a will. A will explains how assets should be shared, but it only gives a limited legal authority to act. In many cases, such as when the estate is large, executors need a grant of probate to manage and distribute assets.

Whether probate is required usually depends on the estate’s assets, not on whether there is a will.

How banks decide whether probate is needed

Banks usually decide based on how much money is in the deceased’s account. Most will release funds up to a certain limit without probate. Each bank sets its own rules for this threshold.

Some banks look only at the money held with them. Others consider the value of the whole estate.

Example:

One bank may say probate is needed only if an account with them holds more than £35,000.
Another may require probate if the entire estate is worth £35,000.

Horizontal image man holding pen put signature on agreement African couple filling form bank application taking loan, affirming rental contract, real estate purchasing, hands and table close up view — Shutterstock / fizkes

What happens if you don’t get probate when it’s needed?

If you’re an executor, and you don’t get probate when it’s required, you can’t manage the estate. You won’t be able to access assets like bank accounts or property. This means you can’t transfer them to beneficiaries or pay off debts, which causes delays.

You could also face serious risks:

You may be held personally responsible for unpaid debts.
If you sell or transfer assets without probate when it’s needed, you could face legal action.

Check out our guide for more information on how to be an executor of a will.

Can life insurance or pensions be accessed without probate?

Both can often be accessed without probate if they’re set up in certain ways correctly. Here’s how it works:

Life insurance

If the policy is written in trust, the money goes straight to the named beneficiaries. It doesn’t form part of the estate, so probate isn’t needed.
If there’s no trust or named beneficiaries, the payout goes into the estate. In that case, probate might be needed.

Pensions

If you’ve completed an ‘expression of wish’ or ‘nomination of beneficiary’ form, the funds may be paid directly to the beneficiary without probate.
If there’s no named beneficiary, the scheme administrator decides who gets the money or pays it into the estate. This could mean probate is needed.

What if the estate only includes personal items?

You may not need probate if the estate consists only of personal items like a car, furniture, or jewellery. In most cases, these things can be shared among beneficiaries without much trouble.

If you’re not sure, it’s a good idea to seek legal advice for clarity.

How to check if probate is needed

Not sure if you need probate to administer an estate? Use this checklist to see if probate might apply to your case:

The person who died owned property in their name only.
There are bank or building society accounts in their name with high balances.
The estate includes investments, shares or premium bonds in their name.
There is no joint owner for major assets like property or accounts.
The person did not leave a valid will, or there are issues with the will.
A bank or financial company has told you they need a grant of probate before releasing funds.

If any of the above are true, then probate may be needed.

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Important

Saga is a registered trading name of Saga Personal Finance Limited, which is registered in England and Wales (company number 3023493). Registered office 3 Pancras Square, London, N1C 4AG. Saga is not authorised or regulated by the Solicitors Regulation Authority (SRA). All legal services are provided by Co-op Legal Services. Co-op Legal Services is a trading name of Co-operative Legal Services Limited which is authorised and regulated by the SRA, under registration number 567391.