Navigating the probate process can be confusing, especially with different banks having their own probate thresholds. If you're wondering "Do I need probate?", this guide will help you understand when probate is required, how UK bank probate limits work, and what to do next.
What Is Probate and When Do You Need It?
Probate is the legal court process that allows an executor or administrator to handle a deceased person’s estate. Whether you need probate depends on several factors:
The total value of the estate – Smaller estates may not require probate, while larger ones usually do.
Whether assets are jointly owned – Joint accounts often pass automatically to the surviving owner without probate.
The probate threshold of each bank or financial institution – If funds held in a bank exceed their probate limit, probate will usually be required.
If a bank holds money in the deceased's name and the amount is above their probate threshold, they will usually require a Grant of Probate (if there is a Will) or Letters of Administration (if there is no Will) before releasing funds.
UK Bank Probate Thresholds
Some laws, like the Administration of Estates (Small Payments) Act 1965, allow certain assets to be transferred without needing a Grant of Probate. These rules mainly apply to funds held in banks and building societies, but only when the total amount is relatively small. For deaths on or after 10 May 1984, the maximum amount that can be transferred without probate is £5,000. However, many financial institutions now set their own probate thresholds, with some allowing up to £50,000 to be released without a grant, making it easier for families to access funds during a difficult time.
Each UK bank sets its own probate limit, meaning probate may not be required for smaller estates. Below is a summary of the current thresholds:
Bank/Institution | Probate Threshold |
Barclays | £50,000 |
Lloyds Bank | £50,000 |
NatWest | £50,000 |
HSBC | £10,000 |
Nationwide | £50,000 |
Santander | £50,000 |
Virgin Money | £35,000 |
Post Office | £30,000 |
NS&I (Premium Bonds) | £5,000 |
👉 Note: Banks regularly update their policies, so always check directly with the institution before proceeding.
Do I Need Probate for Small Estates?
If the deceased’s estate is small and falls below the bank’s probate threshold, you may be able to access funds with:
✅ The death certificate
✅ A small estates declaration
✅ Proof of identity
💡 Tip: If there are multiple accounts across different banks, you may still need probate, even if each individual account falls below its respective threshold.
Key Steps to Take When Someone Dies
1️⃣ Check if probate is needed – Assess the estate’s value and contact relevant banks.
2️⃣ Locate the Will – If a Will exists, it will name the executor responsible for probate.
3️⃣ Gather financial details – Create a list of all assets, bank accounts, and liabilities.
4️⃣ Apply for probate (if required) – Executors can apply online or with the help of a professional.
5️⃣ Seek professional advice – If you're unsure, consulting a probate expert can save time and stress.
You may also be interested in reading our Blog: What to do when someone dies
FAQs About Probate
How much can you inherit without probate?
It depends on the bank's threshold. Some institutions release up to £50,000 without probate, while others require probate for amounts over £5,000.
Can I access joint accounts without probate?
Yes, joint accounts usually pass automatically to the surviving account holder.
Is there a time I will definitely need to get Probate?
If the estate includes property or stocks and shares, you will almost certainly need to obtain Probate before these assets can be sold or transferred. Land Registry requires a Grant of Probate (or Letters of Administration if there is no Will) to transfer ownership of a property held in the deceased’s sole name. Similarly, investment providers, stockbrokers, and share registrars typically won’t allow shares to be sold or transferred without seeing probate documentation. Even if the estate is small in terms of cash assets, the presence of property or investments usually means probate is necessary to deal with these assets legally.
What if a bank requires probate, but I can’t afford it?
You may still be able to access funds for essential expenses before probate is granted. Many banks will release money from the deceased’s account to directly pay for funeral costs if you provide an invoice from the funeral director. Some banks may also agree to pay probate application fees from the estate’s funds. This can be particularly helpful if you’re struggling to cover probate costs upfront. Once access to the estate is granted, any remaining funds can be used to settle debts, distribute inheritances, and cover additional legal fees.
How long does Probate take?
The time it takes to obtain Probate can vary depending on the complexity of the estate and how efficiently the application is processed. On average, it takes 8 to 12 weeks for the Probate Registry to issue a Grant of Probate once the application has been submitted. However, the entire process—from gathering information about the estate to distributing assets—can take six months to a year or longer if the estate is complex, involves property sales, or there are disputes between beneficiaries. Delays can also occur if there are issues with Inheritance Tax (IHT) calculations, missing documents, or complications such as locating a lost Will. If you need probate quickly, seeking professional help can often speed up the process and ensure all paperwork is correctly completed.
What's the difference between Probate and Estate Administration?
The difference between Probate and Estate Administration comes down to what each process involves.
Probate refers specifically to obtaining a Grant of Probate (if there is a Will) or Letters of Administration (if there isn’t a Will). This legal document gives the executor or administrator the authority to deal with the deceased’s estate. Probate is just one step in the wider estate administration process.
Estate Administration is the full process of managing the deceased person’s assets, settling debts, paying any taxes (including Inheritance Tax), and distributing the remaining estate to beneficiaries. This includes selling property, closing bank accounts, handling shares, and ensuring that all legal and financial obligations are met.
In short, Probate is about getting legal permission to deal with an estate, whereas Estate Administration is the actual process of managing and distributing the deceased’s assets.
Is Probate the same when someone dies without a Will?
No, probate is different when someone dies without a Will.
When a person passes away with a Will, the named executors apply for a Grant of Probate, which gives them the legal authority to administer the estate according to the Will’s instructions.
However, if someone dies without a Will, their estate is considered intestate, and different rules apply. Instead of a Grant of Probate, the next of kin must apply for Letters of Administration. The person who applies (usually the closest living relative) becomes the administrator of the estate, rather than an executor. The estate is then distributed according to the rules of intestacy, which set out a strict legal order for who inherits.
In both cases, the process involves gathering details of the deceased’s assets, settling debts, paying taxes, and distributing the estate—but when there’s no Will, the law decides who gets what, rather than the deceased’s wishes. This can sometimes cause complications, especially if there are unmarried partners or estranged family members.
Need Help With Probate?
At Toucan Law, we specialise in making probate easier. If you’re unsure whether you need probate or how to navigate UK bank probate thresholds, contact us today for expert guidance.
📞 Call us on 01934 271027
📧 Email us at [email protected]
🌐 Visit www.toucanlaw.co.uk
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