Do I Need Probate? Costs, Timelines and Small-Estate Shortcuts

You need probate when someone holding the dead person's money or property asks for it. That is usually a bank, a pension fund, a share registry or the land office. You often do not need it if everything was held jointly, had a named beneficiary, or the estate is small. Every country, and every US state, has its own small-estate shortcut. This page shows you how to tell which applies to you.

Probate is a court document. It proves that you have the legal right to deal with someone's estate. The estate is everything they owned when they died: money, property and possessions.

This page is general information, not legal advice. Figures were checked on official sites on 2 November 2026.

What is probate, and why do banks ask for it?

This story is a composite of common experiences.

Tom's mother died in the spring. She had a small flat, a savings account and an old car. Tom was her executor. He phoned her bank to close the account. "We will need to see the grant of probate," the man said.

Tom had no idea what that meant. He thought the will was enough.

Here is the gap many families fall into. A will says who should be in charge. But a bank cannot check a will itself. It does not know if the will is the last one, or if it is valid. So it asks for proof from a court. That proof is probate.

In England and Wales, probate is "the legal right to deal with someone's property, money and possessions" (GOV.UK). In Scotland, the same document is called "confirmation". In Ontario, it is an "estate certificate". In many US states, the court issues "letters testamentary". The names differ. The idea is the same.

Probate does three things:

1. It confirms who the executor is, or appoints someone if there is no will.
2. It confirms the will is valid.
3. It lets banks and land offices release assets safely, because a court has checked.

So the honest answer to "do I need probate?" is this. Ask each organisation that holds an asset. GOV.UK says: "Every organisation has its own rules" (GOV.UK). One bank may release a small balance without probate. Another may ask for probate whatever the amount.

When do you not need probate?

Some things pass to another person without any court. They sit outside the will. Check these first. You may find there is little or nothing left that needs probate.

Joint accounts and joint homes. Money in a joint account usually passes to the other owner. A home can be held as "joint tenants" in the UK. In the US, it is "joint tenancy with right of survivorship". Either way, it passes straight to the survivor (GOV.UK; California Courts).

Accounts with a named beneficiary. Life insurance, pensions, retirement accounts and "payable on death" bank accounts pay the named person directly. California's court guide puts it simply. "If you are named as a beneficiary, you should be able to transfer the property to yourself without going to probate court" (California Courts).

Property in a living trust. In the US, a trust owns the property, not the person. The trustee hands it over without probate.

Only small savings. In England and Wales, you "may not need probate if the person who died only had savings" (GOV.UK). The bank decides, based on its own limit.

A small estate overall. If the whole estate is under a set limit, you can often use a simpler form instead of full probate. The limits are below.

When do you almost always need probate? When the person owned a home or land in their sole name, and it must be sold or transferred. GOV.UK says you should not "put property on the market until you've got probate" (GOV.UK).

What are the small-estate limits in the US?

Each state sets its own limit and its own rules. Here are five large states, checked on official sources on 2 November 2026. Read the notes. What counts toward the limit differs a lot.

State	Small-estate route	Limit	Key rules
California	Small estate affidavit	$208,850 (deaths on or after 1 April 2025)	Wait 40 days after the death. Do not count joint property, trust property, cars or debts (Judicial Council; Probate Code 13100)
Texas	Small estate affidavit	$75,000	Only if there is no will. Wait 30 days after the death. Homestead and exempt property do not count. All heirs sign (Texas Estates Code 205.001; TexasLawHelp)
Florida	Summary administration	$75,000	Or if the person died more than 2 years ago. Exempt property does not count (Fla. Stat. 735.201)
New York	Voluntary administration	$50,000 of personal property	Personal property means things other than land and buildings (SCPA 1301)
Illinois	Small estate affidavit	$150,000 of personal property (deaths on or after 15 August 2025)	Before that date, the limit was $100,000. Registered vehicles are counted separately (755 ILCS 5/25-1)

Two warnings help here.

The date of death matters. California changes its limits every three years. For deaths before 1 April 2022, the limit was $166,250. For deaths from then until 31 March 2025, it was $184,500 (Judicial Council). The next change is due on 1 April 2028.

"Value" can mean different things. California counts the gross value, so you cannot subtract debts or a mortgage (California Courts). Other states count differently. Check your state court's self-help pages before you sign anything.

A small estate affidavit is a sworn statement. If you sign one with false facts, you can be held responsible. If you are unsure, a short paid meeting with a lawyer is cheaper than a mistake.

What about the UK, Canada and Australia?

England and Wales

You apply to the probate service online or by post. Before you apply, you must value the estate and check for Inheritance Tax. If the estate owes Inheritance Tax, you must report it to HMRC first (GOV.UK).

There is normally no Inheritance Tax if the estate is below £325,000. The same applies if everything above that goes to a spouse, civil partner or charity (GOV.UK).

Northern Ireland has its own probate rules and forms.

Scotland

Scotland uses "confirmation" from the sheriff court. An estate of £36,000 or less is a "small estate". The sheriff clerk can help you fill in the inventory. That is the list of what the person owned (Scottish Courts). For larger estates, court staff cannot help with the forms. The court recommends legal advice.

Note: in Scotland you count the full value before debts. Funeral costs and a mortgage are not taken off.

Canada

Each province has its own process. In Ontario, you can apply for a Small Estate Certificate if the estate is worth $150,000 or less (Ontario). Larger estates need a Certificate of Appointment of Estate Trustee. Ontario says probate is normally needed if the person owned real property or assets at a financial institution (Ontario).

Australia

Each state runs its own Supreme Court probate process. In New South Wales, most simple applications must be filed online, since 1 August 2023 (Supreme Court of NSW). Banks set their own limits for releasing money without a grant. Ask each one.

How much does probate cost?

The court fee is often the smallest part. Lawyer fees, if you use one, are usually larger.

England and Wales. The application fee is £526 if the estate is worth more than £5,000. There is no fee for an estate of £5,000 or less. Extra official copies cost £2 each if you order them when you apply, or £16 each later (GOV.UK). Help with fees exists for people on low incomes. Doing it yourself "can be cheaper than paying a probate practitioner", GOV.UK says (GOV.UK).

Ontario. You pay Estate Administration Tax when you apply. There is no tax on the first $50,000. Above that, it is $15 for every $1,000 (Ontario). Ontario's own example: an estate of $240,000 pays $2,850. Funeral costs, credit cards and lawyer fees cannot be deducted. A mortgage on the home can be.

California. Court filing fees vary by county. Executor fees are set in law as a percentage of the estate. Our executor checklist shows the rates and a worked example.

Every country. Expect extra costs for certified death certificates, valuations and sometimes a notice in a newspaper or gazette. Our guide on how many death certificates you need helps you avoid ordering twice.

How long does probate take?

There are two clocks. One is the court's processing time. The other is the whole job of settling the estate, which takes longer.

Where	Court processing (official figure)
England and Wales	"Usually" within 12 weeks of applying, after Inheritance Tax steps (GOV.UK)
Ontario, small estate	Usually within five business days (Ontario)
Ontario, regular estate	Typically within 15 business days (Ontario)
New South Wales	The court posts weekly processing times on its probate page (Supreme Court of NSW)

In California, full probate cannot finish quickly. Creditors have at least four months after the court appoints you to make claims (Probate Code 9100).

What slows probate down most? Missing paperwork. Not knowing which banks the person used. A will nobody can find. These are all things you can fix in advance.

How can you plan so your family has less to do?

You cannot always avoid probate. You can make it smaller, faster and calmer.

Write down what you own, and where. List every bank, pension, policy and property, with account numbers. Your executor will not have to guess.

Check how your home is held. Joint tenants and "tenants in common" are treated very differently when one owner dies. Ask your land registry or a lawyer which one you have.

Name beneficiaries where you can. Pensions, life insurance and many US bank accounts let you name who gets the money. Keep those names up to date after a marriage, divorce or death.

Consider a living trust if you are in the US. It can keep property out of probate. It costs money to set up, and you must move assets into it. It is not right for everyone.

Tell your executor where the will is. A will nobody can find is one of the slowest problems to fix.

Each of these steps has trade-offs. Joint ownership can affect tax and control. Ask a lawyer before you change how you own a home.

Our free end-of-life readiness check shows which of these papers you still need, in a few minutes.

What should you do next if someone has just died?

1. Find the will and check who the executor is.
2. List the assets and how each one is held: sole name, joint, or with a named beneficiary.
3. Phone each bank and pension provider. Ask: "Do you need probate, and what is your limit without it?"
4. Check your small-estate limit using your state, province or country court's website.
5. Apply for probate only if someone needs it. Keep copies of everything.

If you are the executor, our executor checklist walks you through the whole job. For the first days after a death, start with what to do when someone dies.

Probate can feel like a wall of forms. It is really a series of small, ordinary steps. Take them one at a time.