Situations where probate is not required, including small estates, joint assets, and nominated beneficiaries.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 8 min.
Yes — even if you do not need probate, you still need to contact each bank and building society to notify them of the death and request that accounts be closed or transferred. They will ask for a death certificate and may ask you to complete their own small estate declaration form. The process is simpler than probate, but you still need to go through each institution.
There is no single legal definition of 'small estate' for probate purposes. Each bank and financial institution sets its own threshold, typically between £5,000 and £50,000. You need to check with each institution individually. The total value of the estate is not what matters — what matters is the value held at each individual institution.
It depends on how the property was owned. If they owned it as joint tenants, the property passes automatically to the surviving owner by right of survivorship — no probate is needed for the property itself. If they owned it as tenants in common, each owner's share passes under their will or intestacy rules, and probate may be needed to deal with that share.
Usually not — pension death benefits are typically paid at the trustees' discretion to nominated beneficiaries and do not form part of the estate. Contact the pension provider directly with a death certificate and they will guide you through their claims process. You do not normally need probate for this.
For small estates without a will, you can still deal with assets directly with each institution using their small estate process. You will need to explain your relationship to the deceased and your entitlement under the intestacy rules. Some institutions may require a statutory declaration (a formal sworn statement) rather than letters of administration.
Only if the property was jointly owned as joint tenants (in which case it passes automatically to the surviving owner) or if the property was held in trust. For property owned solely by the deceased or as tenants in common, probate (or confirmation in Scotland) is required before the property can be sold.
Ask to speak to the bank's bereavement team and explain the total value of the estate. Some front-line staff automatically ask for probate without checking the estate value. If the estate is genuinely below the bank's threshold, they should be able to release funds without probate. If they insist, ask for the decision in writing and consider escalating to the Financial Ombudsman Service.
A statutory declaration is a formal written statement made before a solicitor, magistrate, or commissioner for oaths. Some institutions require one for small estate releases instead of probate. It confirms your identity, your relationship to the deceased, and the value of the estate. A solicitor can prepare one for a modest fee (typically £50–£150).