Applying for Probate Without a Solicitor
Can You Do Probate Yourself?
If you've been named as the executor of a will, you may be wondering whether you need to instruct a solicitor to deal with probate.
The good news is that you are not legally required to use a solicitor. Many executors successfully administer straightforward estates themselves, saving on professional legal fees while retaining full control over the process.
However, acting as an executor is a significant legal responsibility. Before deciding whether to handle probate yourself, it's important to understand what's involved, the risks and when professional advice may be beneficial.This guide explains everything you need to know about applying for probate without a solicitor.
Can You Apply for Probate Yourself?
Yes.
In England and Wales, executors are entitled to apply for probate themselves without using a solicitor or probate specialist.
If the deceased left a valid will and you’ve been appointed as the executor, you can submit the application yourself and administer the estate from start to finish.
Many straightforward estates are successfully managed this way every year.
What Does an Executor Have to Do?
Applying for probate is only one part of the executor’s role.
You’ll also be responsible for:
- Registering the death
- Locating the original will
- Identifying all assets
- Identifying all debts
- Valuing the estate
- Completing any required Inheritance Tax paperwork
- Applying for probate
- Collecting estate assets
- Paying debts
- Preparing estate accounts
- Distributing inheritance
Throughout the process, you have a legal duty to act in the best interests of the estate and its beneficiaries.
When Is DIY Probate Suitable?
Handling probate yourself is often appropriate where:
- There is a valid will.
- The estate is straightforward.
- There is only one property (or none).
- The financial affairs are well organised.
- There are no disputes between beneficiaries.
- No business interests are involved.
- There are no overseas assets.
- Inheritance Tax is unlikely to be payable.
Many executors feel comfortable dealing with estates that have a small number of bank accounts, one property and clearly identified beneficiaries.
When Should You Consider Using a Solicitor?
Professional legal advice is often worthwhile if the estate is more complicated.
Examples include:
- High-value estates
- Multiple properties
- Overseas assets
- Business ownership
- Agricultural property
- Trusts
- Inheritance Tax issues
- Missing beneficiaries
- Family disputes
- Challenges to the will
- Insolvent estates (where debts exceed assets)
Using a solicitor in these circumstances can reduce the risk of mistakes and help ensure legal obligations are met.
Step 1 – Register the Death
Before probate can begin, the death must be registered.
You’ll receive certified copies of the death certificate, which you’ll need when contacting financial institutions and government organisations.
Step 2 – Locate the Original Will
The original signed will is usually required when applying for probate.
Check that:
- It is the latest version.
- It has been signed correctly.
- It appoints you as executor.
- Any codicils are included.
If you cannot locate the original will, seek legal advice before proceeding.
Step 3 – Value the Estate
You must identify and value everything the deceased owned.
This includes:
Property
- Houses
- Flats
- Land
Financial Assets
- Bank accounts
- Savings
- ISAs
- Investments
- Shares
- Premium Bonds
Personal Assets
- Vehicles
- Jewellery
- Artwork
- Antiques
- Valuable collections
You must also calculate all debts, including:
- Mortgages
- Loans
- Credit cards
- Utility bills
- Taxes
Accurate valuations are essential.
Step 4 – Complete Tax Requirements
Before probate can usually be granted, you’ll need to complete any required Inheritance Tax paperwork.
Even where no tax is payable, certain HMRC forms may still be required.
Incorrect tax information is one of the most common causes of probate delays.
Step 5 – Apply for Probate
Once you’ve gathered all the required information, you can submit your probate application.
Applications are commonly completed online for straightforward estates.
You’ll normally need:
- The original will
- Estate valuation
- Tax information
- Your identification details
- The probate application
After submission, the Probate Registry reviews your application before issuing the Grant of Probate.
Step 6 – Collect Estate Assets
Once probate has been granted, you can begin collecting the estate.
This may involve:
- Closing bank accounts
- Cashing investments
- Selling property
- Collecting refunds
- Transferring shares
- Receiving money owed to the estate
Executors should maintain accurate records of every transaction.
Step 7 – Pay Debts
Before distributing any inheritance, you must ensure all known debts have been paid.
These may include:
- Funeral expenses
- Mortgage balances
- Loans
- Credit cards
- Utility bills
- Professional fees
- Taxes
Distributing the estate before debts have been settled could expose you to personal liability.
Step 8 – Prepare Estate Accounts
Executors should prepare a full record of the estate administration.
This should include:
- Assets collected
- Debts paid
- Expenses incurred
- Tax paid
- Income received
- Final distributions
These records provide transparency and protect you if questions arise in the future.
Step 9 – Distribute the Estate
Once all debts and taxes have been settled, the remaining estate can be distributed according to the will.
Ask beneficiaries to acknowledge receipt where appropriate and keep copies of all records.
Advantages of Doing Probate Yourself
Many executors choose DIY probate because it can offer several benefits.
These include:
- Saving on solicitor fees
- Greater control over the process
- Better understanding of the estate
- Direct communication with financial institutions
- Flexibility over timescales
For simple estates, handling probate yourself can be both practical and cost-effective.
Disadvantages of DIY Probate
It’s important to understand the potential challenges.
These include:
- Legal responsibility for mistakes
- Complex paperwork
- Time commitment
- Tax calculations
- Stress during bereavement
- Personal liability if assets are distributed incorrectly
If you’re unsure about any part of the process, obtaining professional advice can provide valuable peace of mind.
Common Mistakes Executors Make
Avoid these common errors:
- Underestimating the value of assets
- Forgetting about debts
- Distributing inheritance too early
- Missing tax deadlines
- Losing important paperwork
- Poor record keeping
- Misunderstanding the terms of the will
- Failing to communicate with beneficiaries
Being organised from the outset can help prevent these issues.
How Find a Funeral Can Help
Whether you decide to handle probate yourself or instruct a solicitor, having access to reliable information is essential. Find a Funeral provides clear, practical guides designed to help executors understand every stage of the probate process.
If you need expert assistance, we can also help you compare experienced probate solicitors across the UK, making it easier to find trusted legal support that’s right for your circumstances.
Many straightforward estates can be managed without a solicitor, although larger or more complex estates may require professional assistance.
You may save on legal fees, but you’ll still be responsible for any court fees, valuation costs and other administration expenses.
Executors have legal responsibilities. Serious mistakes can result in personal liability, which is why professional advice is recommended where the estate is complex.
Yes. Some solicitors offer limited assistance, such as reviewing paperwork or advising on specific issues, while allowing you to carry out the remainder of the administration yourself.
Yes. If you begin administering the estate yourself and later decide you need professional support, you can usually instruct a probate solicitor to assist with the remaining stages.