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Family

Do I need probate in the UK?

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In short: Usually yes, if the deceased owned property in their sole name or had bank accounts above each bank's small-estates limit (typically £25,000–£50,000). You don't usually need it for jointly-held property, joint accounts, or estates under those limits.

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Probate (or 'letters of administration' if there is no will) is the legal authority to deal with someone's assets after they die. The application fee in England and Wales is £526 for estates over £5,000. Scotland uses 'confirmation' under different rules.

Probate is normally not needed when: the only assets are jointly-held (joint bank accounts and property held as joint tenants pass automatically to the survivor); the estate is below each individual provider's threshold; or the only asset is a life-insurance policy paid into trust.

Even when probate isn't legally required, you may still have to report the estate's value to HMRC if Inheritance Tax could apply — for example, where lifetime gifts in the 7 years before death push the estate above the nil-rate band.

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