Do I need probate if everything is going to my spouse?

September 22, 2026

News

When someone passes away, dealing with their estate can feel overwhelming – particularly when you are also coping with the loss of your husband, wife or civil partner.

A common assumption is that if everything passes to a surviving spouse there is no need to obtain a Grant of Probate. While this may be the case for some straightforward estates, it is not always that simple.

Whether probate is required will usually depend on how the deceased’s assets were owned, the value and type of those assets, and the terms of their Will. If there is no Will in place the rules of intestacy apply and it may not be the case that the spouse automatically inherits everything. In an intestacy, the Personal Representatives will apply for Letters of Administration, which is largely the same as the Grant of Probate.

When might probate not be required?

If the deceased had a simple Will leaving everything to their surviving spouse, there are no trusts involved and their main assets were held jointly, it may be possible to administer the estate without obtaining a Grant of Probate.

For example, jointly owned assets will often pass automatically to the surviving owner. This can include a property owned as joint tenants and jointly held bank accounts.

The relevant bank, building society or other organisation will still need to be notified of the death and will advise what documentation it requires before transferring the asset into the surviving owner’s name.

Some organisations may also release smaller amounts held in the deceased’s sole name without requiring a Grant of Probate. Their individual limits can vary considerably, so it is important to check with each organisation directly.

Certain assets may also be payable without forming part of the deceased’s estate for inheritance tax purposes, including, depending on the circumstances:

life insurance policies written in trust;
death in service benefits; and
some lump sum pension benefits (although the rules change for pensions from April 2027).

Transfers between spouses can also benefit from the spouse exemption for inheritance tax purposes.

When is a Grant of Probate likely to be needed?

Even where a spouse is inheriting the estate, probate may still be required if the deceased owned certain assets in their sole name.

This could include:

Property owned solely by the deceased – a Grant will generally be needed before the property can be sold or transferred.
Property owned as tenants in common – the deceased’s share does not automatically pass to the surviving owner in the same way as a property held as joint tenants.
Sole bank and savings accounts – whether a Grant is required will depend on the financial institution and the amount held.
Stocks, shares and ISAs – a Grant is likely to be required before these can be transferred or dealt with.

The position can also be more complicated where the Will contains a trust, such as a life interest trust, which may be included for asset or beneficiary protection.

What happens if probate is needed but I don’t apply for it?

If a Grant of Probate is required, failing to obtain one can prevent you from accessing, transferring or selling assets.

For example, if a property cannot be dealt with without a Grant, this could cause significant problems if you later decide to sell the home.

It can also lead to delays in administering the estate and potentially cause difficulties for other beneficiaries who are entitled to receive assets under the Will.

Leaving matters unresolved can also create further complications when the surviving spouse later passes away.

Should I review my own Will after my spouse dies?

Yes. The death of a spouse is an important time to review your own Will and wider estate planning.

Your financial circumstances may have changed considerably as a result of inheriting assets. Reviewing your Will can help ensure it still reflects your wishes, while also giving you the opportunity to consider your inheritance tax position and whether any further estate planning would be appropriate.

Not sure whether you need probate? Speak to our Private Client team

Every estate is different. Even where everything appears to be passing to a surviving spouse, the way property, savings and investments are owned can determine whether a Grant of Probate is necessary. If you don’t have a Will already, it is worth confirming if everything will pass to your spouse on death.

Our experienced Private Client team at Gepp Solicitors can review the circumstances of the estate, explain whether probate is required and guide you through the next steps. We can also assist with the wider administration of the estate and help you review your own Will and inheritance tax planning following the death of your spouse.