How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?
Before we get into thresholds and pound signs, let’s get clear on what probate actually means.
Probate is the legal process that gives someone the authority to deal with a deceased person’s estate. That might include managing bank accounts, selling property, paying debts, distributing assets, and settling any outstanding tax. The person in charge is usually the executor, if there’s a will, or an administrator, if there isn’t.
But probate isn’t always required. And that’s where things get slightly murky – especially when trying to understand when, and why, an estate does go through probate.
We’ve broken it all down below.
So, How Much Does an Estate Have to Be Worth to Go to Probate in England and Wales?
There’s no fixed national threshold written into law. Annoying, we know. Instead, the threshold depends on the bank, building society or financial institution holding the assets.
Most institutions set their own internal probate thresholds – usually ranging from £5,000 to £50,000. Some are stricter than others. So while one bank may release funds under £15,000 without probate, another might insist on a Grant of Probate even for smaller sums.
As a general rule of thumb:
- If the estate includes property, probate is almost always needed
- If there are significant financial assets (bank accounts, shares, investments), probate may be required
- If the estate is small, with no property and minimal cash, you might not need probate at all
But again, this isn’t a legal cut-and-dry situation – it comes down to who holds the money and what they require before releasing it.
What Counts Toward the Value of the Estate?
The total value of the estate includes pretty much everything the person owned in their sole name at the time of death, such as:
- Property or land
- Bank and savings accounts
- Shares and investments
- Vehicles
- Personal possessions with significant value (think art, jewellery, etc.)
Jointly owned assets typically pass automatically to the surviving owner and don’t form part of the probate estate, though they still need to be valued for inheritance tax purposes.
And yes, debts are taken into account too – but the value of the estate for probate purposes is the gross value, not the net. So even if the person had debts, if they had high-value assets, probate may still be required.
When Is Probate Not Needed?
There are a few common scenarios where probate might not be necessary:
- The estate is small (generally under £5,000 to £15,000 depending on the institution)
- All assets are held jointly with a surviving spouse or partner
- There’s no property involved
- There’s a valid will, and the institutions involved are willing to release funds without formal probate
Sometimes families assume they always need to apply – but you might not. It’s worth checking with each organisation that holds money or assets, because the requirement is often driven by internal policy rather than a legal mandate.
Still, be cautious. It’s tempting to skip probate if it seems unnecessary, but if it turns out later that you need it (say, to sell a property), that delay can cause stress and added expense.
Is There a Risk in Skipping Probate?
Yes – if probate should have been applied for but wasn’t, executors or administrators could find themselves in legal hot water. Handling an estate without the correct legal authority might expose you to liability, especially if disputes arise or creditors emerge.
Even where it isn’t strictly required, having a Grant of Probate can offer protection and clarity. You know you’re the right person to act. You know the estate has been valued and assessed. You’ve got court authority to proceed.
We think of it like a seatbelt – sometimes it’s not strictly needed for a short journey, but it’s often still wise to wear one.
Inheritance Tax Doesn’t Equal Probate (But They Overlap)
One common point of confusion: inheritance tax (IHT) and probate are not the same thing. However, they’re connected.
If the estate is over the £325,000 nil rate band (as of May 2025), then inheritance tax may be due – and you can’t get a Grant of Probate until the IHT paperwork has been completed (and at least some of the tax paid).
In short: if inheritance tax applies, probate is likely part of the process too.
That said, even if the estate is below the IHT threshold, you might still need probate for access to certain accounts or to transfer property.
How Long Does Probate Take?
Short answer: it varies. But you’re likely looking at 8 to 12 weeks to get the Grant of Probate if everything is straightforward. More complex estates, disputed wills, or missing paperwork can drag things out.
And remember, probate is only the start. Administering the full estate – selling property, settling debts, distributing funds – can take several months or even over a year.
What Should You Do If You’re Not Sure?
You’d be surprised how often people are left in limbo after a loved one passes away, unsure whether to apply for probate, or even where to begin. That’s where specialist guidance really makes a difference.
At Ash Hill Solicitors, we offer legal support for managing estates in Harrow. Whether the estate is modest or complex, we help families navigate probate requirements, inheritance tax, and executor duties with clarity and care.
If you’re still unclear on how probate works, you may want to explore our guide: What is Probate: Everything You Need To Know
Final Thoughts
There’s no single figure that determines whether an estate must go to probate in England and Wales. It’s a mix of thresholds set by banks, the presence of property, and the value and type of assets involved.
While it can be tempting to guess or delay, the truth is: it’s better to know than assume. Even a brief conversation with a solicitor can save months of uncertainty.
Probate isn’t always needed, but when it is, it matters. And if you’re not sure where your situation sits, we’re here to help.
Author Bio:
Nasreen Akhter is the founding director of Ash Hill Solicitors and an experienced probate solicitor with over 10 years in private client law. She specialises in wills, estate administration, powers of attorney, and inheritance planning. Known for her calm, compassionate approach, she guides clients through sensitive matters with clarity and care.
Nasreen is also a civil and commercial mediator, committed to resolving disputes efficiently and constructively. She is fully accredited and listed on the Solicitors Regulation Authority (SRA) register.
Outside of work, she’s a dedicated mum and chairs Happy Orphans Worldwide, a charity supporting vulnerable children across the globe.
