One of the first questions after a loved one passes away is a practical one: do you actually need probate at all? The honest answer is that it depends on what they owned and how they owned it. This guide walks you through both sides clearly. For the bigger picture, see our complete guide to probate in Ireland.
It helps to know the term first. Probate is the legal process that gives the person managing the estate the authority to deal with it. It ends in a Grant of Probate — the court's permission to manage the estate, which banks and the Land Registry ask for before they release or transfer assets. Whether you need one comes down to the assets themselves.
What decides whether probate is needed
Probate is required when an institution will not release or transfer an asset without a Grant. The deciding factor is how the asset was held, not simply how much the estate is worth. A modest estate built around a sole-name house will need probate; a larger estate held entirely in joint names often will not.
Three things matter most: whether the asset was in a sole name or held jointly, whether it had a valid nomination or named beneficiary, and whether its value sits above the institution's own limit. Work through each asset against those three questions and the picture usually becomes clear. Our guide to what happens to assets after death explains how each type of asset — property, bank accounts, pensions, shares, and more — is dealt with.
When probate is required
Probate is generally required when assets were held in your loved one's sole name and there is no other route to release them. The table below sets out the situations that almost always need a Grant before anything can be collected, sold, or transferred.
Property or land in the sole name of your loved one
Yes
The Land Registry will not transfer or sell the property without a Grant
Bank or credit union balances above the institution's limit
Usually yes
Limits vary by institution — commonly between €25,000 and €35,000
Shares, investment funds, or An Post State Savings in a sole name
Usually yes
State Savings require a Grant once sole-name accounts reach €25,000
An asset with no joint owner and no valid nomination or beneficiary
Yes
Nothing else gives anyone authority to release or transfer it
Sole-name assets above an institution's limit typically require a Grant of Probate.
| Asset or situation | Probate needed? | Why |
|---|---|---|
| Property or land in the sole name of your loved one | Yes | The Land Registry will not transfer or sell the property without a Grant |
| Bank or credit union balances above the institution's limit | Usually yes | Limits vary by institution — commonly between €25,000 and €35,000 |
| Shares, investment funds, or An Post State Savings in a sole name | Usually yes | State Savings require a Grant once sole-name accounts reach €25,000 |
| An asset with no joint owner and no valid nomination or beneficiary | Yes | Nothing else gives anyone authority to release or transfer it |
Property is the clearest example. If your loved one owned a house or land in their sole name, the Land Registry will not transfer or allow a sale until a Grant is produced. The same applies to shares and to An Post State Savings, which require a Grant once sole-name accounts reach €25,000.
When probate is not required
Probate is often not required where an asset already has a clear, automatic destination — a surviving joint owner, a named beneficiary, or a valid nomination. In these cases the asset passes outside the estate, so no Grant is needed to release it.
Property held as joint tenants
No
Passes automatically to the surviving owner by survivorship
A joint bank account with a surviving holder
Usually no
Often transfers to the survivor — large balances may need Revenue clearance unless held with a spouse or civil partner
Life insurance with a named beneficiary
No
Paid directly to the named person, outside the estate
Credit union savings with a valid nomination
No (up to €27,000)
Goes to the nominated person; any excess forms part of the estate
Small balances under the institution's limit
Often no
Many banks release modest sums on an indemnity form instead of a Grant
Assets that pass by survivorship, nomination, or to a named beneficiary usually avoid probate.
| Asset or situation | Probate needed? | Detail |
|---|---|---|
| Property held as joint tenants | No | Passes automatically to the surviving owner by survivorship |
| A joint bank account with a surviving holder | Usually no | Often transfers to the survivor — large balances may need Revenue clearance unless held with a spouse or civil partner |
| Life insurance with a named beneficiary | No | Paid directly to the named person, outside the estate |
| Credit union savings with a valid nomination | No (up to €27,000) | Goes to the nominated person; any excess forms part of the estate |
| Small balances under the institution's limit | Often no | Many banks release modest sums on an indemnity form instead of a Grant |
Jointly owned property is the most common example. Where a home is held as joint tenants — the most common way couples own a home together — the deceased's share passes automatically to the surviving owner. This is called survivorship, and it means probate is not needed for that property. The survivor will still need the death certificate to update the title.
Nominations work in a similar way. If your loved one completed a valid credit union nomination, the credit union can pay the nominated person up to €27,000 without a Grant. A named beneficiary on a life insurance policy is paid directly by the insurer, also outside the estate.
Bank and institutional limits vary
There is no single national threshold for probate. Each bank, credit union, and institution sets its own limit for how much it will release from a sole-name account without a Grant. These limits commonly sit between €25,000 and €35,000, but they differ from one institution to the next.
For example, Bank of Ireland generally releases sole-name balances up to €35,000 without a Grant, PTSB up to €30,000, and AIB offers an indemnity route for balances under €25,000. Because these figures change, always confirm the current limit with each institution before assuming probate is or is not needed. For the practical steps involved, see our guide to releasing bank funds without probate.
How to work out whether you need probate
The clearest way to decide is to go asset by asset. For each account, policy, and property, note how it was held and then ask the institution whether it needs a Grant. If even one significant sole-name asset is involved, probate is likely required for the estate.
If a Grant is needed, the next question is how to obtain it. Our step-by-step guide to the probate process and our guide to applying for a Grant of Probate explain each stage, from valuing the estate to lodging the application.
If you are still unsure, that is completely normal — estates rarely fit neatly into one box. Our free assessmenthelps you work through your loved one's assets in a few minutes, or you can call us on (01) 578 1570 if you would prefer to talk it through with a person first.
Should you get professional help?
You can apply for probate yourself, and the Probate Office accepts personal applications. It is worth getting professional input when an estate includes property, business interests, foreign assets, or any uncertainty about whether a Grant is required — getting the answer wrong early can cause delays later.
We are a coordination platform, not a law firm. We help you understand what your estate needs and connect you with the right solicitor, tax advisor, or valuer where one is needed, so you are not managing several relationships at once during a difficult time.