When a loved one dies, one of the first questions families often ask is whether probate is needed. If most or all of the person’s assets were owned jointly with someone else, the answer may be different from what you expect.
In some cases, jointly owned assets pass automatically to the surviving owner, meaning probate may not be required for those assets. However, this is not always the case, and the type of joint ownership can make a significant difference.
In this guide, we’ll explain how jointly owned assets are treated after death, when probate may still be needed, and what steps you should take.
What Is Probate?
Probate is the legal process of dealing with a person’s estate after they die.
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Request Your Free Estate Planning ReviewIf the person left a valid will, probate gives the executors the authority to administer the estate.
If there is no will, a similar legal process allows an administrator to deal with the estate according to the rules of intestacy.
Probate may involve:
- Collecting assets.
- Paying outstanding debts.
- Settling taxes.
- Distributing the remaining estate to beneficiaries.
What Does Joint Ownership Mean?
Joint ownership means that two or more people legally own an asset together.
Common jointly owned assets include:
- A family home.
- Bank accounts.
- Savings accounts.
- Investments.
The way an asset is owned determines what happens when one owner dies.
Joint Tenants
Many married couples and civil partners own their home as joint tenants.
With this type of ownership:
- Both owners have equal rights to the whole property.
- When one owner dies, their share automatically passes to the surviving owner.
- This is known as the right of survivorship.
Because ownership transfers automatically, probate is usually not required to transfer the property itself.
The surviving owner will normally need to update the property’s ownership records.
Tenants in Common
Some people own property as tenants in common.
In this arrangement:
- Each owner has a separate share of the property.
- Their share forms part of their estate when they die.
- That share passes according to their will or the rules of intestacy.
Because the deceased’s share does not automatically transfer to the surviving owner, probate is often required before it can be dealt with.
What About Joint Bank Accounts?
Joint bank accounts are usually transferred automatically to the surviving account holder.
In many cases:
- The surviving owner can continue using the account.
- The bank will usually ask to see the death certificate.
- Probate is not normally required for the joint account itself.
However, any accounts held solely in the deceased’s name may still require probate, depending on their value and the bank’s requirements.
When Is Probate Still Needed?
Even if some assets are jointly owned, probate may still be necessary if the deceased also owned assets in their sole name.
Examples include:
- Individual bank accounts.
- Investments.
- Premium Bonds.
- Property owned solely by the deceased.
- Shares.
- Valuable personal possessions.
Each organisation has its own rules about when probate is required before releasing funds.
Does Having a Will Avoid Probate?
This is a common misconception.
A will explains who should inherit your estate and who should administer it, but it does not automatically remove the need for probate.
Whether probate is required depends on:
- The type of assets owned.
- How those assets were owned.
- Their value.
- The policies of the organisations holding them.
What Should the Surviving Owner Do?
If your spouse or partner has died, it’s sensible to:
- Register the death.
- Contact banks and financial institutions.
- Inform your mortgage lender if applicable.
- Check how any property is legally owned.
- Locate the will.
- Seek professional advice if you’re unsure whether probate is needed.
Taking these steps early can help make the process smoother.
Common Misunderstandings About Joint Ownership
“Everything is jointly owned, so probate is never needed.”
Not always. Assets owned solely by the deceased may still require probate.
“A joint bank account means the whole estate avoids probate.”
Only that specific account may pass automatically. Other assets may still need to go through the probate process.
“A will replaces probate.”
A will guides how the estate should be distributed, but probate may still be required before that can happen.
“Joint ownership is always the same.”
There is an important legal difference between joint tenants and tenants in common, particularly when property is involved.
How Later Living Help Line Can Help
At Later Living Help Line, we understand that dealing with someone’s estate can feel overwhelming.
We provide clear information to help families understand probate, estate planning, wills, and later life decisions, making it easier to navigate the legal and financial steps after the loss of a loved one.
