One of the first questions most executors ask is whether they need a solicitor for probate, or whether it’s something they can reasonably do themselves. The honest answer is: legally, no – but that isn’t the whole story. Whether probate is needed at all, and whether you can do it yourself, depends heavily on the size and complexity of the estate you’re dealing with, and on how confident you feel navigating the probate process while dealing with a bereavement. Here’s how to work out where you stand.
You are not legally required to instruct a solicitor for Probate or Confirmation. However, as executor you take on personal legal responsibility for every step, and mistakes with Inheritance Tax, valuations, or distributions can leave you personally liable, even if they were genuine errors.
Firstly, is Probate needed?
Not every estate needs to go through Probate or Confirmation. It’s generally required whenever the deceased held assets solely in their own name (a bank account, a property, shares) above the threshold set by that institution.
Bank Accounts, Life Insurance Policies and Other Assets
It’s usually not required for:
- Assets held as joint tenants with a surviving spouse or civil partner (a jointly owned home or a joint bank account, for example), which typically pass automatically by survivorship.
- A life insurance policy or pension with a valid nomination of beneficiary, which is usually paid directly to that person without needing a Grant.
- Very small estates, where some banks and building societies will release funds from a bank account without a Grant of Representation, provided you can show a death certificate and evidence of your entitlement.
If any of these apply to most of the estate, the process may be far simpler than a full probate application. If they don’t (i.e., if there’s a solely-owned property, a share portfolio, or a business involved) you should assume Probate or Confirmation is needed and plan accordingly.
Can I do probate myself?
Yes, in principle. Any named executor can apply for the Grant of Probate (or Confirmation, in Scotland) without instructing a solicitor. You’ll need to value the estate, complete the relevant HMRC forms, submit your application to the Probate Registry in England and Wales (or the Sheriff Court in Scotland), and then gather in and distribute the assets yourself. Many straightforward applications in England and Wales can now be made via the probate online service, though Scottish Confirmation applications are made through the Sheriff Court. DIY probate tends to work reasonably well when:
- You are both the sole executor and the sole (or main) beneficiary.
- The estate is straightforward – no property complications, no business interests, and no need to pay inheritance tax.
- There's a valid, unchallenged original Will and no risk of family disagreement.
- You have the time and confidence to deal with HMRC, the Probate Registry or Sheriff Court, and multiple financial institutions over several months.
Where any of that isn’t true, the risks start to outweigh the fee you’d save.
What You Need Before You Apply for Probate
Whether you use a solicitor or not, every probate application starts with the same paperwork: the original Will (if there is one), the original death certificate, and a full list of the deceased’s assets and liabilities. These are the legal documents that the Probate Registry or Sheriff Court will want to see before any Grant is issued, and missing or incorrect documents are one of the most common reasons a probate application gets delayed or sent back for correction.
The Real Risks of Going It Alone
Probate is presented as a form-filling exercise, but it carries genuine legal and financial risk for the executor personally:
- Personal liability. If you distribute the estate incorrectly, miss a creditor, or under-declare assets to HMRC, you can be personally pursued to put things right, even years later.
- Beneficiary disputes. Beneficiaries are entitled to their own independent legal advice and can challenge how an estate is being administered, which can turn into a lengthy and costly dispute if executors haven't documented decisions properly.
- Tax errors. Getting it wrong on the amount needed to pay inheritance tax, or overlooking income tax and capital gains tax due during the administration period, is one of the most common places DIY executors go wrong, and mistakes here can mean penalties, interest, or reliefs being missed entirely.
- Beneficiary disputes. A rejected probate application, missing information, or valuation disputes with HMRC can add months to a process that already has a strict tax deadline attached to it.
The deadline is always calculated from the end of the month of death, giving a full six months to act, but it comes round faster than most executors expect:
What Does a Solicitor Actually Do for Estate Administration?
When clients ask what they’re really paying for, the answer is that a solicitor takes on the entire administration of the estate, start to finish, so that the executor doesn’t have to carry it alone. In practice, that means we:
- Identify and value every asset and liability in the estate.
- Advise on the Will, or on the rules of intestacy if there isn't one.
- Prepare and submit all the required HMRC and Inheritance Tax paperwork.
- Apply for Confirmation or Probate on the executor's behalf.
- Liaise directly with banks, investment providers, pension and insurance companies, and anyone involved in a property sale.
- Gather in all estate funds securely.
- Prepare full, transparent estate accounts.
- Distribute funds correctly to beneficiaries.
- Support the executor with guidance at every stage of the process.
As executor, you carry legal responsibilities whether or not you use a solicitor – our role is to make sure you’re never carrying them alone, and that every step of estate administration is done correctly the first time.
Inheritance Tax, Income Tax and Capital Gains Tax
Tax is where most DIY executors come unstuck, because an estate can be liable for more than one type of tax at once. As well as working out whether you need to pay inheritance tax on the estate as a whole, the executor is also responsible for settling any income tax the deceased owed up to the date of death, any income tax arising on the estate during administration, and any capital gains tax due if assets such as property or shares are sold for more than their value at the date of death. A solicitor or accountant working alongside a legal professional can make sure all three are correctly identified and reported, rather than dealt with in isolation.
How Long Does Probate or Confirmation Take?
Timescales depend heavily on whether there’s a valid Will and which court is involved:
| Estate Type | Typical Timescale |
|---|---|
| Testate (valid Will in place) | Around 6–8 weeks for the Confirmation or Probate stage once instructions and information are in place, though this varies with the complexity of the estate. |
| Intestate (no Will in place) - Scotland | Roughly 8 weeks to appoint an Executor-Dative, then 4–6 weeks for a Bond of Caution, then a further ~6 weeks for Confirmation. |
| Sheriff Court estates | The Confirmation stage alone can take 5–6 months due to court volumes. Worth flagging early if this applies to your estate. |
These are the timescales our own Legal Team works to, and we always set clear expectations early and keep clients updated at every stage, rather than leaving them guessing.
What Does it Cost to Use a Probate Solicitor?
Every estate is different, so probate cost is assessed individually rather than quoted as a flat rate. However, as a guide, these are the typical costs associated with Estate Administration:
- Straightforward testate estates: typically £3,500–£5,000 plus VAT.
- Intestate estates: typically an additional £1,500–£1,800 plus VAT on top of a testate file, reflecting the extra steps involved.
- Complex or high-vale estates: (multiple beneficiaries, significant Inheritance Tax, or a large number of assets) typically assessed at around 2–3% of the estate value.
It’s worth remembering that these fees are paid from the estate itself, not out of the executor’s own pocket, and are settled alongside other estate expenses such as funeral costs. Compared with the personal and financial risk of an error, most families find the fee buys genuine peace of mind at what is already a difficult time – but we’d always recommend getting a specific quote for your estate from a probate specialist rather than relying on general figures.
So, Do You Need a Solicitor for Probate?
Not by law, but we’d strongly recommend instructing a legal professional if any of the following apply to the estate you’re dealing with:
- You need to pay inheritance tax, or the tax position is unclear.
- There's a property, business, or agricultural asset to deal with.
- There's no original Will, or the Will is unclear or potentially disputed.
- There are multiple beneficiaries, or any risk of family disagreement.
- You simply don't have the time or inclination to manage a months-long legal process while grieving.
As a dual-qualified firm, we handle both Probate in England and Wales and Confirmation in Scotland, including intestate estates and full estate administration from start to finish.
Not sure whether you need a solicitor for your estate?
Talk it through with our Bereavement Team. No pressure, no obligation, just clear advice.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
