Do I Need Probate? How to Tell | ProbateHelp

There is no universal estate-value threshold. Check ownership, provider rules, and the authority needed for each asset.

This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 10 min.

Frequently asked questions

Do I always need probate when someone dies?

No. A grant is not always required. Some jointly held assets may pass by survivorship, and an asset holder may release a sole-name asset through its own bereavement process. Check ownership, the legal authority needed for each asset and the provider's current requirements.

How long does probate take in England and Wales?

GOV.UK currently says you will usually get probate within 12 weeks of submitting the application. Applications with missing documents, Inheritance Tax checks, caveats, foreign assets, or disputes can take longer. The wider estate administration process often continues for several months after the grant is issued.

What is the probate fee in England and Wales?

The probate application fee is £526 for an estate worth more than £5,000. There is no application fee if the estate is worth £5,000 or less.

Can I apply for probate myself without a solicitor?

Yes. An eligible personal applicant can use the GOV.UK online probate service or the relevant paper route. PA1P is the paper form where there is a will; PA1A is the paper form where there is no will. MyHMCTS is the professional online service, not the citizen application route.

What happens if I administer an estate without probate when it was needed?

Acting or distributing without the authority and evidence required can expose a personal representative to claims, unpaid debts, tax and the cost of correcting a distribution. Liability depends on the facts; pause and obtain focused advice if authority, entitlement, debts or beneficiaries are uncertain.

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