# Do I need probate in the UK?

> Quick answer · Last updated 26 May 2026

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## In short

Usually yes, if the deceased owned property in their sole name or had bank accounts above each bank's small-estates limit (typically £25,000–£50,000). You don't usually need it for jointly-held property, joint accounts, or estates under those limits.

Probate (or 'letters of administration' if there is no will) is the legal authority to deal with someone's assets after they die. The court fee in England and Wales is £300 for estates over £5,000. Scotland uses 'confirmation' under different rules.

Probate is normally not needed when: the only assets are jointly-held (joint bank accounts and property held as joint tenants pass automatically to the survivor); the estate is below each individual provider's threshold; or the only asset is a life-insurance policy paid into trust.

Even when probate isn't legally required, you may still have to report the estate's value to HMRC if Inheritance Tax could apply — for example, where lifetime gifts in the 7 years before death push the estate above the nil-rate band.

## Related

- [How to apply for probate](https://moneyguide.org.uk/how-to/apply-for-probate/)
- [Cost of probate (UK)](https://moneyguide.org.uk/cost-of/probate-uk/)

## Primary source

gov.uk/applying-for-probate

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Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.