Who decides if probate is required?
No court, registry or government department will tell you. The decision is made, one asset at a time, by the organisations that hold them. Here is how to get the answer from each in an afternoon.
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The short answer
- There is no official ruling. HM Courts & Tribunals Service issues grants to those entitled who apply; it does not assess whether you needed to.
- The Land Registry decides for property: a transfer or sale of sole-name land always needs a grant.
- Each bank, building society, registrar, platform and insurer decides for its own accounts, by applying its limit to the balance.
- You find out by asking each one. "Will you need a grant of probate to release this?" Note the answer.
- If any one says yes, a grant is needed for the whole estate. If none does, it is not.
Why nobody official will tell you
A grant of representation is proof of authority. The probate registry's job is to check that the applicant is entitled and the will is valid, and to issue the document. It has no view on whether the estate needed it. GOV.UK's guidance says only that you may not need probate if the person "only had savings" or owned things jointly, and tells you to contact each organisation. Solicitors can advise, but they are advising on the same institutional rules that you can check yourself.
So the answer is assembled from the organisations. Each one that holds a sole-name asset has a policy: below a certain value it will act on the death certificate; above it, it will not act without the grant. The Land Registry's policy is that sole-name land always needs the grant. Put the answers together and you have your decision.
How to find out for certain
- List every asset and mark each as joint or sole name. Joint-tenant assets can be crossed off: they pass to the survivor.
- For property, check the Land Registry title (£7). Sole name or tenants in common means a grant. Joint tenants means none.
- For each sole-name account or holding, ring the organisation's bereavement line. Give the account details and approximate balance and ask: "Will you require a grant of probate or letters of administration to release this?" Ask for their limit while you are there.
- Record the answers: organisation, person, date, limit, yes or no.
- One yes means a grant. Apply, and the grant covers everything. All no means no grant: administer the estate on the death certificate.
Our two-minute checker does the first pass from what you already know, and points to the page for each kind of asset.
Checking whether a grant already exists
If you are a beneficiary, a creditor or a relative who suspects someone else has applied, you can search the probate records on GOV.UK. A grant issued in England and Wales since 1858 can be found by name and date of death, and a copy of the grant and will ordered for £1.50. If no grant appears, none has been issued; you can also ask the registry to notify you if one is applied for by entering a "standing search".
Common questions
How do I know if I need to apply for probate?
Ask the organisations holding the assets. The Land Registry always needs a grant for sole-name property. Each bank, registrar and insurer will tell you whether the balance is above its limit. If any one of them requires a grant, you need to apply; if none does, you do not.
Does the probate registry decide if probate is needed?
No. HM Courts and Tribunals Service issues a grant to any entitled person who applies with a valid application. It does not assess whether the estate needed one, and will not refuse an application on the basis that the estate was small.
Is there a probate checker?
There is no official one. Our two-minute checker asks how the property was held, the largest sole-name bank balance, NS&I holdings, shares and whether there is a will, and gives a steer with links to the rules for each asset. The organisations' own answers are still the final word.
Can a bank refuse to release money without probate?
Yes. Every bank sets its own limit and is entitled to insist on a grant above it. The limit is a matter of the bank's policy, not law, so it can differ between banks and change over time. Ask the bereavement team for the current figure.
How do I check if someone has already applied for probate?
Search the probate records on GOV.UK by the deceased's surname and year of death. Grants issued in England and Wales are listed once made, and copies of the grant and will can be ordered for £1.50. A standing search asks the registry to tell you if a grant is issued in the next six months.
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Important
Solace is not a firm of solicitors and does not provide legal, tax or financial advice. We are an estate administration service and we are not regulated by the Solicitors Regulation Authority, the Financial Conduct Authority or any equivalent body. Nothing in this guide constitutes legal, tax or financial advice, and no solicitor–client relationship is created by reading it.
This article is general information only. It reflects the position in England and Wales at the date shown above; the law and the figures change, and Scotland and Northern Ireland differ in important respects. It may not apply to your circumstances. Whether a particular estate needs a grant is ultimately decided by the organisations holding the assets, and their limits change. Administering an estate carries personal legal responsibility, and you should obtain advice from a qualified solicitor, accountant or other regulated professional where appropriate. Always check current rates, fees and deadlines against GOV.UK before acting.