Guide
What is probate, and do you need it?
Probate is the legal right to deal with someone’s estate after they die. Whether you need it depends on what they owned and how it was held.
When probate is usually needed
It’s typically required when the person owned property in their sole name, or held larger sums in banks or investments. Each bank sets its own threshold — they’ll tell you whether they’ll release funds without it.
When it may not be
If everything was jointly owned with a spouse or partner, assets often pass automatically and probate may not be needed. Smaller estates can sometimes be settled without it.
How to apply
You apply online or by post through HM Courts & Tribunals Service, usually after valuing the estate and dealing with any Inheritance Tax. A solicitor can apply on your behalf if you prefer.
General information to help you find your way — not legal or financial advice. Last reviewed May 2026.