Probate · 6 min read · 18 June 2026

Do I actually need probate?

Written by Simon D Campbell, Director, Shropshire Expert Cleaners LTD · 17 years in bereavement, trauma and hospital-standard cleaning

The short answer

You usually need probate if the person owned property or large sums in their sole name. If everything was jointly owned with a surviving spouse or partner, it usually passes automatically and probate is often not needed.

Probate is the legal authority to deal with someone's estate. Whether you need it depends less on how much the estate is worth and more on how the assets were held.

If everything was jointly owned with a surviving spouse or partner, it usually passes automatically and probate is often not needed. If there is a property in the person's sole name, probate is almost always required before it can be sold or transferred.

Banks each set their own threshold — commonly somewhere between £5,000 and £50,000 — below which they will release funds without a grant. Ask each bank directly; they will tell you.

You can apply for probate yourself. Many people do. A solicitor is worth the cost when the estate is disputed, when there are business assets or trusts, or when you simply do not have the capacity to take it on right now.

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General information, not legal advice. England and Wales. Last reviewed June 2026.