Does probate depend on the type of asset, not just whether there was property?

Yes. Whether probate is needed depends on the asset type, not the presence of property. Each bank sets its own threshold — typically £15,000 to £50,000 — before requiring a grant. Shares, ISAs and NS&I Premium Bonds have separate rules.

What happens to a joint bank account when someone dies?

Joint bank accounts pass by survivorship directly to the co-holder — outside the estate, without probate. The surviving account holder presents a death certificate and the balance transfers. This applies regardless of estate value.

Can I use the small estates procedure to avoid probate entirely?

There is no fixed legal threshold for small estates — individual institutions decide. Most banks deal directly with the executor or next of kin for balances under £15,000 to £50,000 without requiring a grant. Contact each institution individually.

What if the deceased had Premium Bonds but no property?

NS&I will pay Premium Bonds and savings without a grant if total NS&I holdings are under £5,000. Above that, NS&I requires a grant of probate or letters of administration.

Does a surviving spouse always avoid probate?

Not always. A surviving spouse avoids probate on assets held jointly as joint tenants, which pass by survivorship. But assets in the deceased's sole name may still require a grant, depending on each institution's threshold.

What is the fastest way to find out if I need a grant of probate?

Contact each institution holding an asset and ask for their grant threshold. Most banks, investment platforms and NS&I will confirm their current limit. If the balance is below their threshold, you can often obtain funds using a statutory declaration instead.

Probate · No Property

Do I need probate if there's no property in the estate?

No property does not mean no probate. Whether you need a grant depends on what assets the estate holds and how much each institution will release without one. Banks, share registrars and investment platforms each set their own threshold — some as low as £5,000, some as high as £50,000.

This page covers: bank accounts · shares and ISAs · joint assets · personal property · pensions and life insurance.

§1

What each asset type requires

Asset → how it transfers

Joint bank accountSurvivorship — no probate

Sole bank account (below bank threshold)Death cert only

Sole bank account (above bank threshold)Probate required

Shares / certificated (under registrar limit)Statutory declaration

Shares / certificated (over registrar limit)Probate required

ISA (sole)Provider process — usually no probate

Pension (nominated beneficiary)No probate — paid direct

Life insurance (in trust)No probate — paid direct

Life insurance (not in trust)Into estate — may need probate

Personal chattels (car, furniture, jewellery)No probate — distribute direct

INSTITUTION THRESHOLDS VARY · ALWAYS CONFIRM IN WRITING WITH THE PROVIDER

§2

The three situations most executors face

No probate needed

All assets are joint, or sole accounts are below every provider's threshold, or assets pass directly (pension, trust life policy). Collect and distribute using the death certificate and a letter of authority — no grant needed.

Probably need probate

One or more sole accounts exceed a bank's threshold, or there are certificated shares above the registrar's limit. Apply for a grant — the process takes 16–20 weeks from HMCTS.

Check first

Mixed picture — some assets need probate and some don't. Approach each institution with the death certificate and ask for their threshold in writing before deciding whether to apply.

§3

Bank thresholds — what to expect

Every bank sets its own threshold, and they change without notice. As a guide: Barclays, Lloyds, Santander, NatWest and Nationwide all set their no-grant threshold at £50,000 for sole accounts; HSBC uses £50,000 where there is a will (£25,000 without); smaller building societies can sit far lower, sometimes £5,000–£15,000. Always write to the bereavement team with the death certificate and ask for their current threshold in writing — do not rely on what the call centre says.

Multiple banks in the estate. If the deceased held accounts at several institutions, apply once for a Grant of Probate — you can use the same sealed grant (or official copies at £2 each) to deal with every bank. You don't apply separately per bank.

§4

Collecting assets without a grant

Where probate is not required, the executor acts on letters of authority. Most institutions will accept an original death certificate plus a short letter on plain paper confirming your identity and authority as executor. Some will also ask for the original will (or certified copy) and photo ID. Keep copies of everything you send.

Obtain at least 5 certified copies of the death certificate from the register office

Write to each institution

Send a certified death certificate + letter of authority to every bank, platform and registrar

Confirm threshold in writing

Ask each institution to confirm in writing whether they require a grant for this balance

Collect and account

Once funds are released, keep a record of every receipt and payment — you'll need this for the estate accounts

Figure watch · checked weekly

The figures on this page change.

Court fees rise, thresholds move, deadlines shift.

This card watches the same way your Valoren records would — leave an email and we'll tell you when one changes, once, then stop.

Executor's First Hour · £179

A step-by-step guide through the first week — with or without property

Covers what to do at each bank, how to draft letters of authority, which assets need probate and which don't — formatted as a timed checklist from Day 1 through Week 4.

See what's included→

FAQ

Common questions

It depends on the bank and the balance. Most major UK banks now release funds without probate if the sole-name balance is below £50,000 — the current threshold at Barclays, the Lloyds group, Santander, NatWest and Nationwide alike; HSBC uses £50,000 with a will (£25,000 without). Above the threshold, the bank will require a Grant of Probate or Letters of Administration before releasing funds.

Contact the bank directly with the death certificate; they will confirm their threshold in writing.

Joint bank accounts pass by survivorship — the surviving account holder takes the full balance automatically on production of the death certificate. No probate is required and the account is not part of the estate for distribution purposes. The bank will remove the deceased's name on sight of the death certificate.

For shares held in a nominee account or ISA, the provider typically has a small-estate process. For certificated shares in a company's share register, you need to contact the registrar (often Equiniti or Computershare) — each runs a small-estates route that accepts a statutory declaration instead of probate below its own threshold: £50,000 per holding on Equiniti’s Shareview service (£30,000 for Jersey-incorporated companies), £20,000 at Computershare. Above the relevant threshold, a Grant of Probate is required.

ISAs lose their tax-free status on death but can be transferred to a spouse as an Additional Permitted Subscription (APS) without probate.

No. Personal chattels — furniture, vehicles, jewellery, clothing, artworks — pass under the will or intestacy rules without any grant. The executor simply collects and distributes them. The exception: if a car has outstanding finance, the finance company may need to be notified separately. Third parties (auction houses, DVLA) may ask for the death certificate and executor's authority, but not a Grant of Probate.

Pension funds do not form part of the estate and do not require probate — they are paid at the pension provider's discretion to nominated beneficiaries. Life insurance policies written in trust also pay out directly, bypassing the estate entirely. Policies not in trust become part of the estate and may require probate if the estate value triggers the bank's threshold.

There is no statutory small-estate procedure in England and Wales equivalent to Scotland's Confirmation for small estates. The route is informal: each institution has its own threshold and paperwork.

If the total estate is genuinely small (typically under £5,000 with no property), executors often use a statutory declaration — a sworn statement confirming their authority — which many banks and registrars will accept instead of a formal grant.

Plate R · Related