Probate: When Do You Need a Solicitor vs DIY? Complete UK Guide 2025

When someone dies, dealing with their estate can feel overwhelming during an already difficult time. One of the first questions families ask is: "Do I need a solicitor for probate, or can I handle it myself?" The answer depends on the complexity of the estate, your confidence with legal processes, and the potential costs involved.

Quick Answer: You can handle simple probate applications yourself if the estate is straightforward, but complex estates with property, business interests, or family disputes typically require professional help. Solicitor fees range from £800-£5,000+ depending on complexity.

What Is Probate and When Is It Required?

Probate is the legal process of validating a will and giving someone legal authority to deal with the deceased's assets. You'll need probate when:

• The estate value exceeds £5,000
• There's property or land in the deceased's sole name
• There are shares, bonds, or investments in their name only
• Banks or financial institutions request probate
• There are disputes about the will or estate

You might NOT need probate if:

• All assets were jointly owned and pass automatically to the survivor
• The estate value is under £5,000
• All assets have named beneficiaries (like life insurance policies)
• Assets are held in trust

DIY Probate: When You Can Handle It Yourself

You can apply for probate yourself if the situation is straightforward. The DIY route works best when:

Suitable for DIY Probate:

• Simple estate: Cash savings, personal belongings, maybe one property
• Clear will: No ambiguous language or missing pages
• Cooperative family: All beneficiaries agree and get along
• No inheritance tax: Estate under £325,000 (or £500,000 with property passing to spouse/children)
• UK-only assets: No overseas property or investments
• No business interests: No partnerships, company shares, or professional practices
• Time availability: You can dedicate 20-40 hours over 6-12 months

DIY Probate Process:

1. Gather documents: Death certificate, will, asset valuations
2. Complete forms: PA1P (with will) or PA1A (without will)
3. Value the estate: Get professional valuations for property/assets
4. Pay inheritance tax: If applicable, before probate grant
5. Submit application: To your local probate registry
6. Receive grant: Usually 4-8 weeks after application
7. Collect assets: Use grant to access bank accounts, sell property
8. Pay debts: Settle all legitimate claims against the estate
9. Distribute estate: According to will or intestacy rules

DIY Probate Costs:

• Court fee: £273 (estates over £5,000)
• Additional copies: £1.50 each
• Property valuations: £300-£800
• Death certificates: £11 each
• Total DIY cost: Usually £500-£1,500

When You Definitely Need a Probate Solicitor

Professional help becomes essential in complex situations. You should use a solicitor when:

Complex Estate Situations:

• Inheritance tax liability: Estates over £325,000 (or £500,000 with property)
• Multiple properties: Including overseas assets or complex ownership
• Business interests: Company shares, partnerships, professional practices
• Family disputes: Disagreements about will validity or distribution
• Missing beneficiaries: Can't locate people named in the will
• Unclear will: Ambiguous language or potential interpretation issues
• Debt concerns: Estate might be insolvent or debts unclear
• Professional claims: Potential professional negligence against will drafters

Legal Complexity Indicators:

• Contested will: Family members challenging validity
• Inheritance Act claims: People seeking provision from the estate
• Trust arrangements: Complex trust structures or ongoing trusts
• Tax planning required: Opportunities to reduce inheritance tax
• Time constraints: Urgent deadlines or pressure to complete quickly

Professional Probate Costs vs DIY Savings

Solicitor Probate Fees:

• Probate application only: £800-£1,500
• Full estate administration: 1-5% of estate value
• Hourly rates: £200-£600 per hour
• Fixed fee packages: £2,000-£10,000 for complete service

What's Included in Professional Service:

• Complete probate application and court submissions
• Asset identification and valuation coordination
• Inheritance tax calculations and submissions
• Estate administration and asset collection
• Debt settlement and creditor negotiations
• Final distribution to beneficiaries
• Protection against personal liability
• Professional indemnity insurance coverage

The Hidden Costs of Getting It Wrong

DIY probate mistakes can be expensive and stressful:

• Personal liability: Executors are personally liable for mistakes
• HMRC penalties: Late or incorrect inheritance tax returns
• Family disputes: Poor communication can damage relationships permanently
• Missed deadlines: Some claims against estates have strict time limits
• Incorrect distributions: Having to recover money from beneficiaries
• Professional negligence: If the original will was poorly drafted

Hybrid Approach: Limited Solicitor Support

Many people choose a middle ground - handling some aspects themselves while getting professional help for complex issues:

• Initial consultation: £200-£500 to assess complexity
• Inheritance tax advice: £500-£2,000 for IHT400 preparation
• Document review: £300-£800 to check your probate application
• Specific issue advice: £200-£600 per hour for particular problems

How to Choose the Right Probate Solicitor

If you decide you need professional help, look for:

• Probate specialisation: Focus on wills, probate, and estate administration
• Transparent pricing: Clear fee structures and cost estimates
• Local knowledge: Familiar with your local probate registry
• Good communication: Regular updates and plain English explanations
• Professional qualifications: SRA regulation and appropriate insurance
• Client reviews: Positive feedback from previous estate clients

Questions to Ask Yourself

Before deciding on DIY vs professional help, honestly assess:

• Do I have 20-40 hours available over the next 6-12 months?
• Am I comfortable dealing with banks, HMRC, and government forms?
• Are all family members supportive and cooperative?
• Is the estate straightforward with clear documentation?
• Can I handle the emotional stress while grieving?
• Do I understand my personal liability as an executor?

When Time Matters: Urgent Probate Situations

Some situations require immediate professional help:

• Business continuity: If the deceased owned a business needing immediate decisions
• Property sales: When quick sale is needed for inheritance tax or family needs
• Contested wills: When family members are threatening legal action
• Missing documents: When the original will cannot be located
• Vulnerable beneficiaries: When beneficiaries lack mental capacity

How SolicitorConnect Helps with Probate Decisions

Whether you're considering DIY probate or need professional help, SolicitorConnect can guide you to the right solution:

• Free initial assessment: Understand if your estate is suitable for DIY
• Specialist probate solicitors: Connect with experts in estate administration
• Transparent pricing: Compare fixed fees and hourly rates
• Local expertise: Solicitors familiar with your probate registry
• Flexible service levels: From one-off advice to full estate administration
• Client reviews: See feedback from families in similar situations

Our platform connects you with SRA-regulated probate specialists who can assess your specific situation and provide honest advice about whether professional help is necessary.

Frequently Asked Questions

How long does DIY probate take compared to using a solicitor?

DIY probate typically takes 6-12 months if you can dedicate sufficient time. Solicitors usually complete probate in 6-18 months depending on complexity. The timeframe depends more on estate complexity than who handles it, though solicitors can often resolve issues more quickly due to experience.

Can I start probate myself and get help later if needed?

Yes, you can begin the process yourself and engage a solicitor later if complications arise. However, it's often more cost-effective to get initial advice upfront to avoid mistakes that need correcting later.

What happens if I make a mistake as an executor?

Executors are personally liable for mistakes in estate administration. This could mean paying money back to the estate, facing legal action from beneficiaries, or dealing with HMRC penalties. Professional indemnity insurance through a solicitor provides protection against these risks.

Is it worth doing probate myself to save money?

For simple estates under £100,000 with no property or complex assets, DIY probate can save £1,000-£3,000. However, for larger or complex estates, professional help often saves money through proper tax planning and avoiding costly mistakes.

How do I know if the estate is too complex for DIY probate?

If you're asking this question, it's worth getting an initial consultation with a probate solicitor. Most offer free or low-cost assessments to help you understand the complexity level and whether professional help is advisable.

Getting Started with Probate

Whether you choose DIY or professional help, the key is getting started promptly and making informed decisions. If you're unsure about the complexity of your situation, a brief consultation with a probate specialist can provide clarity and peace of mind.

This information is for general guidance only and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified solicitor.