When someone dies, their family or executor usually turns to the will first. It sets out who should inherit property, money and possessions, and it names the people authorised to deal with the estate. However, having a valid will does not mean you can skip probate. Probate is the legal process that confirms the will is valid and gives the executor the authority to access and distribute the deceased’s assets. In many cases, it is still required, even when the deceased’s wishes are crystal clear.
This guide explains what a will does, when probate is and is not needed, and what the risks are if you get it wrong. By the end, you should have a clear sense of when probate is required and what to do next if you are uncertain.
What a will actually does
A will records a person’s intentions for their assets after they die. It typically covers:
- Who is appointed as executor (or executors)
- Who inherits property, money and other assets
- Guardianship arrangements for any dependants
- Funeral or memorial wishes
Having a will gives you a clear starting point. The executor named in it can begin administering the estate, including applying for probate where needed. Without a will, you must follow the rules of intestacy to work out who has authority to deal with the estate and who inherits from it. That process is often more complicated, may not reflect what the deceased wanted, and can lead to disputes.
However, even with a valid will, executors often cannot access assets without a Grant of Probate. The grant is the court-issued document confirming the executor’s authority to act. Without it, banks, the Land Registry and other institutions will generally refuse to release or transfer assets.
You may want to read: when is probate required in the UK.
When you may not need probate
In some cases, probate is not necessary and the will alone is sufficient.
Jointly owned assets
A Grant of Probate is not normally required for assets held jointly with another person. Property or accounts owned as joint tenants pass automatically to the surviving owner by right of survivorship. The process usually involves producing a death certificate and asking the institution to remove the deceased’s name. If every asset the deceased owned was jointly held in this way, probate may not be needed at all.
Low-value accounts and small estates
There is no general statutory threshold in England and Wales that triggers a probate requirement for ordinary bank accounts. Each bank and financial institution sets its own limit for releasing funds without a grant, and GOV.UK says only that every organisation has its own rules. Those limits are not published centrally, they differ widely between providers, and they change. The one statutory figure is £5,000, under the Administration of Estates (Small Payments) Act 1965, and that applies to specified funds such as friendly society accounts and certain public sector pensions rather than to ordinary current accounts. The only reliable approach is to ask each institution directly, in writing, what it requires.
Nominated beneficiary arrangements
Pensions and life policies are often assumed to sit outside the estate automatically. The position is more particular than that, and getting it wrong means under-reporting the estate.
A life policy only falls outside the estate if it was written in trust or assigned. Simply naming someone on a nomination form is not enough: where the deceased was the life assured and the policy was not in trust, the proceeds form part of the estate and are taxable on death.
For pensions, what keeps death benefits out of the estate is the scheme trustees’ discretion over who receives them. A binding nomination that removes that discretion has the opposite effect and brings the benefit into the estate. Note also that this is changing: from 6 April 2027 most unused pension funds and death benefits will be included in the estate for inheritance tax, and personal representatives will be responsible for reporting and paying it.
When probate is usually required
High-value bank accounts and investments
If the deceased held accounts or investments above a bank’s internal threshold, those funds are typically frozen until the executor produces a Grant of Probate. No matter how detailed the will, banks will not release large sums without that court-issued document. Investment platforms and share registrars tend to be stricter still and may require a grant for any solely held account.
Property in the deceased’s sole name
If the deceased owned a house, flat or other land in their name alone, the executor will almost always need probate to transfer it. The same applies to property held as ‘tenants in common’ (where each owner holds a defined share). That share does not pass automatically to the surviving owner; it must be dealt with under the terms of the will. The Land Registry requires a copy of the Grant of Probate before it will process a transfer.
Complex provisions in the will
Some wills include trust arrangements, such as a ‘life interest trust’. This gives a beneficiary the right to use an asset (usually a home) during their lifetime, with the remainder passing to someone else afterwards. The trust itself arises under the will on death rather than needing a separate step, but in practice the executors will need the grant to collect in the estate assets and transfer them to the trustees.
Why a will does not eliminate the need for probate
To summarise, a valid will does not remove the need for probate in the following circumstances:
Institutional requirements. Banks, building societies and investment platforms may insist on seeing a Grant of Probate before releasing funds above their own thresholds. Even where the will clearly names the beneficiaries, institutions need legal confirmation that the executor has verified authority to act.
Property ownership. Where the deceased owned property, probate is usually required for the executor to confirm their authority and transfer ownership, depending on how the property was held and to whom it passes.
Estate complexity. Estates involving foreign assets, multiple properties or complex investments typically require probate, even when the will is clear and unambiguous.
What are the risks of getting it wrong?
Skipping probate when it is legally required, or distributing assets before all debts are settled, can have serious consequences. If an executor distributes assets incorrectly or overlooks debts, they can become personally liable for the shortfall, even if the mistake was unintentional. That can mean repaying money out of their own pocket or facing legal action from creditors who were not properly notified. There is a standard protection against this, which executors often miss: a notice under section 27 of the Trustee Act 1925, published in The Gazette and, where the estate includes land, a local newspaper, protects the executor personally against claims they had no notice of.
In addition, failing to apply for probate when required will stall the estate administration entirely. Institutions will refuse to release assets until they receive the grant. Delays in probate can also create problems with inheritance tax: HMRC charges interest on unpaid tax, and incorrect IHT submissions can lead to penalties.
It is also worth noting the current cost of applying. The probate application fee in England and Wales is now £526 for estates valued over £5,000, following the increase on 13 July 2026. Additional copies of the grant cost £2 each if ordered at the same time as the application, or £16 each if ordered afterwards. Always check the current fee on GOV.UK before you apply.
What to do if you are unsure whether probate is needed
The practical steps are straightforward. Start by establishing exactly how each asset was owned. Check bank statements for balances and confirm property ownership details. Then contact each institution to ask for its probate threshold and requirements.
If you remain uncertain, or you want help with the probate application process, speak to a specialist. A probate solicitor can assess the estate, complete the application, and communicate with financial institutions on your behalf. For an overview of what professionals typically charge, our guide to what solicitors charge for probate compares common fee structures.
Getting advice early helps you avoid common errors, reduces the risk of personal liability, and ensures the deceased’s wishes are properly carried out.
Need help with probate?
If you are uncertain about the next step, our network of probate practitioners can clarify the process, handle the paperwork and help you move forward with confidence.
If there is a property in the estate, arranging house insurance during probate should be an early priority. If the will is disputed or its validity is challenged, our contentious probate solicitors can advise on next steps. You can compare quotes from three probate solicitors to find the right support.
Frequently asked questions
Does a will automatically avoid the need for probate?
No. Whether probate is needed depends on the assets in the estate and how they were held, not on whether a will exists. A will names the executor and sets out who inherits, but banks, the Land Registry and other institutions still require a Grant of Probate before releasing or transferring assets above their own thresholds.
What is the bank threshold for releasing funds without probate in 2026?
There is no single legal figure, and no official source publishes bank-by-bank limits. Each provider sets its own, and they vary widely and change without notice. GOV.UK’s position is simply that every organisation has its own rules, so ask each one directly and get the answer in writing. The only statutory threshold is £5,000 under the Administration of Estates (Small Payments) Act 1965, which covers specified funds rather than ordinary bank accounts.
What happens if an executor distributes assets without obtaining probate?
An executor’s legal authority actually comes from the will and runs from the date of death, so the grant confirms an authority they already have rather than creating it. An administrator, where there is no will, has no authority until the grant is issued. The practical problem is the same in both cases: institutions will not release assets or transfer property without seeing the grant, so the administration stalls. And if the executor does distribute and debts or tax liabilities emerge afterwards, they can be personally liable for the shortfall.
How much does it cost to apply for probate in England and Wales?
The court application fee is currently £526 for estates valued over £5,000, following the increase on 13 July 2026. There is no fee for estates of £5,000 or less. Additional copies of the grant cost £2 each if ordered at the same time as the application, or £16 each if ordered later. These are the court fees only; professional fees for a solicitor or probate specialist are separate. Always check the current fee on GOV.UK before you submit your application.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds can change, and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.
