Do I need probate if the house was jointly owned?

Last reviewed June 2026 by Naomi Jackson

Short answer

Most jointly owned homes pass to the surviving owner automatically. Whether you need probate at all depends on what else is in the estate.

Joint tenants vs tenants in common

There are two ways to jointly own a property in England and Wales: joint tenants and tenants in common.

Joint tenants own the whole property together. When one owner dies, the property passes to the survivor automatically under the right of survivorship. It does not form part of the estate and is not included in the probate application.

Tenants in common each own a defined share (often 50/50, but it can be any split). That share IS part of the estate and passes under the will or intestacy rules. Probate is usually required to transfer or sell the share.

How to check which one applies

Order the title register from HM Land Registry (£3 online). If there's a Form A restriction in the proprietorship register, the property was held as tenants in common. If there's no such restriction, you almost certainly held it as joint tenants.

In Scotland the equivalent concepts are 'survivorship destination' (similar to joint tenancy) and 'in common' ownership. Check the title sheet on ScotLIS.

When you still need probate

Even if the house passes automatically, probate may still be needed if:

There are bank accounts or investments over the bank's probate threshold (often £25,000–£50,000)
There's a sole-name share portfolio, ISA or pension
The estate is over the inheritance tax threshold
Beneficiaries don't agree on what should happen next

What to do at the bank

Take the death certificate and a copy of the title register to the bank. Most banks update a joint account into the survivor's sole name within a few days, no probate required.

Frequently asked questions

Does the surviving owner need to do anything to update the title?

Yes. Apply to HM Land Registry using form DJP, with a certified copy of the death certificate. There's no fee. It updates the title to remove the deceased owner; the survivor then owns the property outright.

Does inheritance tax still apply?

Transfers between spouses or civil partners are exempt from inheritance tax. Transfers to anyone else (e.g. an adult child you owned the house with) count towards the inheritance tax threshold.

Can I sell the house without probate?

If you were joint tenants, yes, once the title is updated into your sole name. If you were tenants in common, the deceased's share is locked until probate is granted.

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