Do I need probate?
Probate is not decided by the size of the estate. It is decided one organisation at a time: each bank, insurer and registry sets its own release limit, and you need a grant as soon as one of them says no. List the accounts, say how each is held, put in the limit that institution gave you, and this checker returns a verdict per account instead of one number for the whole estate. Free, no sign-up, and nothing is sent anywhere.
An organiser, not legal advice
Vendwright publishes spreadsheets. We are not a law firm and there is no solicitor or attorney behind this page. Probate rules differ by country and, in the United States, by state, so this tool applies no jurisdiction’s rules and states no threshold of its own. Every limit it uses is a figure you typed in after asking the institution. Sources for the real answers are at the foot of this page.
Everything is worked out in your browser. Nothing you type is uploaded, saved or shared. Last updated 8 August 2026.
1. Accounts, policies and investments
One row per organisation holding money. The release limit is the figure that institution gave you, not a national rule: leave it blank until you have asked, and the row will say so rather than guess.
2. Property
Land and buildings decide this question more often than anything else, so they get their own box. What matters is how the title is held, which is a question about the deed, not about whose names people remember being on it.
3. Everything else
Vehicles, furniture, jewellery, cash in the house. These rarely need a grant, but they count towards the total that a small-estate procedure looks at.
There is no probate threshold, and that is the whole problem
People search for one number. There usually is not one. There are as many numbers as there are organisations holding the money.
The question “do I need probate” sounds like it has a national answer, in the way that a speed limit does. It does not, in most countries. What actually happens is this. A bank is holding money that belonged to somebody who has died. If it hands that money to the wrong person, it is liable for it. So each bank decides for itself how much it is willing to hand over on a bereavement form and a death certificate, and above that figure it wants a court or registry to certify who is entitled. That figure is a commercial risk decision, it belongs to the bank, and the bank is free to change it tomorrow.
Three consequences follow, and they are the reason this page exists.
- Two identical accounts can get two different answers. The same balance at two institutions is released by one and refused by the other, because their limits differ.
- The size of the estate is not the test. An estate of a million that is all jointly held may need nothing. An estate of forty thousand with one stubborn provider needs a grant.
- One refusal is enough. There is no partial grant. If a single organisation says no, you apply, and once you have the grant you may as well use it everywhere.
Separately, some jurisdictions do publish a real legal figure: a small-estate or simplified procedure, below which you use a shorter form or an affidavit instead of the full process. That is set by law, it is nothing to do with the bank limits, and it is different in every place that has one. This tool asks you for it rather than pretending to know it.
How the checker decides
For each account:
Joint with survivorship, or paid to a named beneficiary
-> passes outside the estate, no grant needed to move it
Sole name, value at or under the limit you entered
-> that institution will probably release it on its own form
Sole name, value above the limit you entered
-> that institution will probably want a grant
Sole name, no limit entered
-> unknown, and the only way to find out is to ask them
Then:
Property in a sole name, or a share that does not pass
to the survivor -> a grant is almost certainly needed
Any account over its limit -> a grant is needed for that one
Nothing over, some unknown -> probably not, finish the calls
Nothing over, nothing unknown -> probably no grant neededThe tool never claims the answer is certain, because it cannot be. It tells you which organisation is the one forcing the decision, which is the useful part. Very often it is a single account that is a few thousand over one bank’s limit, and knowing that is worth a phone call: some institutions will look again at a case slightly over the line, particularly where the money is going to a surviving spouse who is also the sole beneficiary.
The thing to ask on the phone
“What is the most you will release on an account in a sole name without a grant, does that limit apply per account or to everything held with you, and what do you need from me to release it?” Write down the answer, the date and the name of the person who gave it to you. That last part matters more than it sounds.
What each input means
Every field in plain English, and what to put if you do not know yet.
- Institution or asset
- One row per organisation holding money: each bank, each building society, the investment platform, the pension provider, the insurer, the government savings scheme. Separate accounts at the same bank usually share one limit, so put them on one row unless the bank tells you otherwise.
- Value
- The balance at the date of death, as the institution states it, including interest credited to that date. Estimates are fine for this exercise; the exact figure matters later, for the inventory and the tax position, not for deciding whether you need a grant.
- How it is held: sole name
- The account is in the deceased’s name alone. This is the only category where the release limit does any work.
- How it is held: joint, passes to the survivor
- Held with someone else in a form where the survivor takes the whole thing automatically. In most places a joint bank account works this way and the survivor simply keeps banking. It normally still counts for tax, and it may still have to be reported, but it does not need a grant to move.
- How it is held: paid to a named beneficiary
- A life policy written in trust, a pension death benefit under a nomination, a retirement account with a beneficiary designation. The money goes to the named person under the contract, not under the will. It never reaches the estate, so no grant releases it and no executor distributes it. It can still be a large number, which is why it is worth listing.
- Their release limit
- The figure that institution gave you, in writing if possible. Leave it blank until you have asked. A blank row is reported as unknown, which is honest; a guessed number is reported as a decision, which is not.
- Property, and how the title is held
- Joint ownership comes in more than one form nearly everywhere, and only one of them passes automatically to the survivor. The names on the deed do not tell you which; the wording of the title does. If you have not read it, this is the field to check before you do anything else, because it changes the answer more than every other field put together.
- Other assets in the sole name
- Vehicles, furniture, jewellery, cash in the house, the contents of a safe. Usually transferred without a grant, but they still count towards any small-estate limit and they belong in the inventory.
- Debts owed by the estate
- Cards, loans, overdrafts, the funeral bill, outstanding tax. They do not change whether a bank will release an account, and the tool never lets them: they are shown so you can see the net position and know whether the estate can actually pay what it owes.
- Small-estate limit where you are
- If your jurisdiction runs a simplified procedure with a figure attached, put the figure here. It comes from your court, registry or probate office, and it is usually easy to find on their own website. Leave it blank and the tool simply does not mention it.
Release limits: what to expect, and why we do not publish a table of them
The number you want is specific to one institution on one day. A table of them ages badly, and an out-of-date figure here would send you down the wrong road for a fortnight.
Published limits across retail banking generally sit somewhere between the equivalent of about 5,000 and about 50,000 in local currency, and the spread within a single country is wide: it is entirely normal for one high street bank to stop at half of what the bank next door will pay out. Some publish a firm figure. Some publish a figure and then decide case by case anyway, taking account of who is asking and where the money is going. Some publish nothing at all and tell you on the phone.
What is reasonably stable is the shape of it, which is worth knowing before you start ringing round.
| Who is holding the money | What usually happens |
|---|---|
| High street bank or building society | A published or internal release limit, applied to the total held with them rather than per account. Above it, a grant. Below it, a bereavement form, a certified death certificate and the will. |
| Credit union or small mutual | Often a lower limit, sometimes a nominated-beneficiary scheme that pays a set amount outside the estate entirely. Worth asking specifically about a nomination, because it can remove the problem. |
| Government or national savings scheme | Its own published rules, frequently more generous than a bank, and usually well documented on its own website. |
| Investment platform, broker or fund manager | Commonly stricter than a bank, and shares often have to be sold or re-registered, which the registrar will not do without a grant. |
| Pension or life insurer | Usually irrelevant to probate. If the benefit is under a nomination or a trust it is paid direct to the named person and never enters the estate. |
| Land or property registry | Will not register a transfer of a sole-name interest without a grant. This is the one that decides most estates. |
If you want a worked feel for it, take the figures this page opens with. A current account of 4,200 sits comfortably under a 25,000 limit and will be released on a form. The savings account of 31,000 is 1,000 over a 30,000 limit, so that one institution alone forces a grant. The joint account and the life policy never enter the estate at all, so the 51,800 they hold between them is irrelevant to the question. The answer for that estate is yes, and the reason is a single account that is 1,000 over the line.
The mistakes that cost people weeks
- Assuming two names on the deed means it passes automatically. It might not. Read the title before you plan around it.
- Adding up the whole estate and comparing it to one bank’s limit. The limit applies to what that bank holds, not to the estate.
- Counting a life policy paid under a nomination as estate money. It is not yours to distribute, and treating it as available is how executors overcommit.
- Ringing round before ordering enough death certificates. Most organisations keep the copy you send them.
- Taking a figure from a comparison article as the bank’s current limit. They move, and nobody announces it.
- Distributing early because no grant was needed. The grant was never the risk. Paying beneficiaries before debts, tax and the claim period is.
- Not asking about a nominated-beneficiary scheme. Credit unions and some schemes have one, and it can take an account out of the estate entirely.
- Forgetting foreign assets. A holiday home or an overseas account usually runs a second process under its own rules, whatever you decide at home.
Questions people ask about whether probate is needed
Do I need probate?
It is decided asset by asset, not by the size of the estate. You need a grant if any single organisation holding the deceased’s money refuses to release it without one, or if something in the deceased’s sole name has to be sold or transferred, which in practice means property. If every account is small enough that its own institution will pay out on a bereavement form, and the house was jointly owned with a right of survivorship, many estates are settled with no grant at all.
Is there a probate threshold?
There is no single statutory figure in most places. What people call the probate threshold is really a release limit set by each bank, building society or investment provider for its own risk, and the limits differ from one institution to the next. Two accounts of the same size at two different banks can get two different answers on the same day. Some jurisdictions do also run a separate small-estate or simplified procedure with a legal limit attached, which is a different thing again and is set by law where you are.
How do I find out a bank’s release limit?
Ring the bereavement team and ask two questions: what is the most you will release on an account in a sole name without a grant, and does the limit apply per account or to the total held with you. Write the answer and the date in your file. Many institutions publish a figure but decide case by case, and a limit quoted on a comparison website months ago is not a limit you can rely on.
Does a jointly owned house need probate?
It depends on how the title is held, not on whose names appear on it. Where the property is held jointly with a right of survivorship, the share usually passes to the surviving owner automatically and a grant is not needed to move it. Where the two owners each held a distinct share, that share passes under the will or the intestacy rules and normally does need a grant. The words differ by country, so check the title document rather than assuming from the fact that there are two names on it.
Does a house in the deceased’s sole name always need probate?
Almost always, if it is to be sold or transferred. A land registry needs proof of who is entitled to deal with the property before it will register a change, and that proof is the grant. This is why the value of the estate is so often beside the point: a modest house in a sole name settles the question on its own.
What if the estate is only a car, some furniture and a small account?
That is the classic case where no grant is needed. Vehicles and personal property are usually transferred on production of a death certificate and the will, and a small account is normally released on the institution’s own bereavement form. Ask each holder in writing anyway and keep the replies, because you are the one who has to show later that you were entitled to distribute.
What happens if I distribute the estate without a grant and I should have had one?
The risk is personal. An executor or administrator who pays money out to the family before debts, taxes and later claims are settled can be left to make up the shortfall from their own funds. Skipping a grant is not the risky part on its own; distributing early is. If there is any doubt about debts, claims or who inherits, take advice before paying anyone.
Does having a will mean probate is automatic?
No. A will names who should deal with the estate; it does not decide whether anyone needs to prove that authority to a court or registry. Plenty of estates with a valid will are settled without a grant because every asset was small or jointly held, and plenty of estates with no will need one because there is a house.
What is the small estate procedure called where I am?
The names vary and so do the limits. Many US states offer a small estate affidavit with a dollar limit set by state law. Scotland has a simplified confirmation route for small estates. Several other countries run something similar under their own name, and some run none at all. The tool takes whatever limit applies to you as a number you type in, because we cannot know which one you are under.
Is anything I type here saved or uploaded?
No. The whole calculation runs in your browser. Nothing is uploaded, stored or logged, there is no account and no email address is asked for. Close the tab and the figures are gone, so print the page if you want to keep the summary.
How this page is maintained
Vendwright writes and maintains this page. We publish spreadsheets; we are not a law firm. That is why the tool holds no threshold of its own and no table of bank limits: every figure it works from is one you obtained yourself and typed in.
The behaviour described above comes from the published bereavement guidance of retail banks and from the guidance published by probate registries and courts in the jurisdictions below. Where sources disagree, the page says so rather than picking one.
Corrections are welcome and acted on: support@vendwright.com.
Last reviewed .
Go to the source
If any of these disagrees with this page, they are right.
- England and Wales: applying for probate and wills, probate and inheritance on GOV.UK.
- Scotland: confirmation rather than probate, including the small estate route, at mygov.scot.
- Northern Ireland: applying for probate on nidirect.
- United States: the procedure, the small estate affidavit and its dollar limit are set by your state. Find your court through USA.gov state courts.
- Ireland: start at Citizens Information.
- Anywhere else: the national probate registry, succession office or court that issues grants. In Canada the provincial court, in Australia the Supreme Court of the state or territory, in New Zealand the High Court. Civil law countries often run the whole thing through a notary instead.
Next in the sequence: the executor checklist generator builds a dated task list once you know which route you are on.
Once the answer is yes
This page answers one question and forgets it when you close the tab, which is deliberate and stays free. What it cannot do is carry the months that follow. The Estate Executor Organizer (€12, one .xlsx for Excel, Google Sheets or LibreOffice, no macros) holds the date-of-death inventory these accounts become, a debts register that updates itself as you pay, an estate account ledger with a running balance and missing-receipt flags, and a distribution table showing each beneficiary entitled, received and remaining. One payment, no subscription, no account.
See the Estate Executor Organizer