Can I do probate myself without a solicitor in the UK?

Yes — in England, Wales, and Northern Ireland, you can apply for a Grant of Probate yourself directly through HMCTS without using a solicitor. This is often called 'personal application' or DIY probate. It works well for straightforward estates with a clear will, no Inheritance Tax liability, no foreign assets, and no disputes between beneficiaries. In Scotland, the equivalent process (Confirmation) can similarly be handled without a solicitor for simpler estates. That said, if the estate is complex, professional help can save significant time, money, and stress.

How much does a probate solicitor cost in the UK in 2026?

Probate solicitor costs in 2026 vary depending on the complexity of the estate and how the solicitor charges. Hourly rates typically range from £150 to £450+, while fixed-fee services for a straightforward estate commonly run between £1,500 and £3,000 plus VAT. More complex estates involving Inheritance Tax, disputes, or foreign assets can cost £5,000 to £10,000 or more. Some solicitors charge a percentage of the estate (typically 1–3%), which can be costly on larger estates. Always ask for a written estimate upfront and compare at least two or three quotes.

What happens if you don't apply for probate when it's needed?

If probate is required but not obtained, financial institutions and the Land Registry will refuse to release or transfer assets. Banks won't pay out funds, and property cannot be legally sold or transferred. Executors who distribute assets without obtaining a Grant when one was required can face personal liability if creditors later come forward. There's no strict time limit for applying, but delays can complicate matters — particularly if assets need to be sold, tax deadlines loom, or beneficiaries are waiting. HMRC also charges interest on Inheritance Tax that isn't paid within six months of the date of death.

Is it better to use a probate solicitor or a specialist probate service?

Both can provide excellent service, but there are important differences. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and must follow strict professional conduct rules, offering a clear complaints and redress pathway via the Legal Ombudsman. Specialist probate companies can be very cost-effective and experienced, but regulation varies — check for membership of STEP (Society of Trust and Estate Practitioners) and confirm they hold professional indemnity insurance. For estates involving litigation or contentious matters, a qualified solicitor is essential. For straightforward administration, a well-accredited specialist can offer comparable quality at a lower price.

Do I need probate if my spouse has died and we owned everything jointly?

If all assets were jointly owned with your spouse or civil partner — including property held as joint tenants, joint bank accounts, and joint investments — probate is usually not required for those assets, as they pass automatically to the surviving owner by right of survivorship. However, if your spouse had any assets in their sole name (a bank account, shares, pension lump sums, or property held as tenants in common), probate may still be needed for those. It's worth checking with each relevant institution individually, as many have their own thresholds below which they'll release sole-name funds without a Grant.

How long does probate take in the UK?

The length of probate varies considerably. In straightforward cases, the process from application to receiving a Grant typically takes between two and six months, though HMCTS processing times fluctuate and can extend this. Once the Grant is received, collecting in assets, settling debts, and distributing the estate to beneficiaries adds further time — a total of six to twelve months is common for uncomplicated estates. Complex estates, particularly those involving Inheritance Tax investigations, contested wills, or foreign assets, can take two years or longer. Appointing a probate solicitor or specialist can help manage the process more efficiently, particularly where HMRC correspondence is involved.

Do I Need a Solicitor for Probate? When to DIY vs Get Help

Not sure whether you need a solicitor for probate? This guide explains when you can handle probate yourself, when professional help is essential, and what probate solicitor costs to expect in 2026.

When someone you love dies, the last thing you want to think about is paperwork. Yet probate — the legal process of administering a deceased person's estate — is often unavoidable, and one of the first questions families ask is: do I actually need a solicitor for probate?

The honest answer is: it depends. Some estates are straightforward enough to handle yourself. Others are complicated enough that attempting to go it alone could cost you far more in the long run — in money, time, and stress. This guide will help you work out where your situation sits, what professional help costs, and how to find trustworthy support.

If you're still in the early days after a bereavement, an NAFD-accredited funeral director can also point you towards trusted local probate professionals — it's one of the many ways they support families beyond the funeral itself.

What Is Probate, and Do You Always Need It?

Probate is the official process of proving that a will is valid (or, where there's no will, establishing who has the legal right to administer the estate). In England and Wales, this results in a Grant of Probate (if there's a will) or Letters of Administration (if there isn't). Scotland has its own equivalent process called Confirmation, and Northern Ireland follows broadly similar rules to England and Wales.

Not every death requires probate. You may not need it if:

The estate consists only of assets jointly owned with a surviving spouse or civil partner (these pass automatically by survivorship)
The total estate is below a certain threshold — many banks and financial institutions have their own limits, typically between £5,000 and £50,000, below which they'll release funds without a Grant
All assets were held in trust
There are no property or land assets solely in the deceased's name

When in doubt, contact the relevant financial institutions directly — they'll tell you whether they require a Grant before releasing funds. You can also use our probate checker tool to get a clearer picture of whether probate applies to your situation.

When Can You Do Probate Yourself?

Thousands of families in the UK handle probate without a solicitor every year, and for simpler estates, it's entirely manageable. You can apply for a Grant of Probate yourself by submitting a probate application to His Majesty's Courts and Tribunals Service (HMCTS). In 2026, the probate registry fee is £300 for estates over £5,000 (there's no fee for smaller estates), plus 50p per official copy of the Grant.

DIY probate is likely to be appropriate if:

The estate is straightforward — a few bank accounts, perhaps a property, and no complex financial products
There is a clear, valid will with named executors who are alive and willing to act
There is little or no Inheritance Tax (IHT) to pay — the estate falls below the nil-rate band (£325,000 in 2026, or up to £1 million with the residence nil-rate band and spouse/civil partner exemptions)
All beneficiaries agree and there are no disputes about the will or the distribution of assets
All assets are in the UK — no overseas property, foreign bank accounts, or international investments
There are no business assets or agricultural property that attract special IHT reliefs

The DIY Probate Process: A Step-by-Step Overview

Register the death and obtain certified copies of the death certificate (you'll need several)
Locate the will and confirm who the executor(s) are
Value the estate — contact all banks, building societies, investment platforms, pension providers, and mortgage lenders to establish balances and outstanding debts as of the date of death
Complete the HMCTS probate application — this can be done online at gov.uk or by post
Complete any Inheritance Tax forms — even if no IHT is due, you'll usually need to submit form IHT205 (or IHT400 for larger or more complex estates) to HMRC first
Swear an oath or make a statement of truth confirming the information in your application
Receive the Grant — currently taking several weeks to a few months depending on HMCTS workload
Collect in the assets, pay debts, and distribute the estate to beneficiaries according to the will (or the rules of intestacy if there's no will)

Useful free resources include the Gov.uk probate guidance, the Citizens Advice Bureau, and Which? Legal's probate guides.

When Should You Use a Probate Solicitor?

There are situations where professional legal advice isn't just helpful — it's essential. Attempting to navigate a genuinely complex estate without a solicitor can lead to personal liability for executors, HMRC penalties, and costly legal disputes.

You Should Seriously Consider a Probate Solicitor If:

The estate is subject to Inheritance Tax. IHT rules are intricate. Mistakes on IHT400 forms, missed reliefs (such as Business Property Relief or Agricultural Property Relief), or incorrect valuations can result in penalties or overpayment. A probate solicitor or tax specialist can save considerably more than their fee.
There are foreign assets. Property or investments abroad trigger a separate legal process in each relevant jurisdiction. Most executors have no experience of French succession law, Spanish inheritance rules, or Australian probate procedures — and getting it wrong can be very expensive.
The will is being contested. If any beneficiary, or someone who believes they should have been included, is threatening a claim — under the Inheritance (Provision for Family and Dependants) Act 1975 or by challenging the will's validity — you need a solicitor immediately.
There is no will (intestacy). Administering an intestate estate is often more complicated than it looks, particularly in blended families, where unmarried partners (who have no automatic legal right to inherit) are involved, or where relatives are difficult to trace.
The estate includes a business or farming assets. Valuing and transferring business interests, shares in private companies, or agricultural land requires specialist knowledge of both probate and commercial or agricultural law.
Trusts are involved. If the will creates a trust, or if the estate includes existing trust assets, ongoing trustee responsibilities and tax implications make legal advice important.
Beneficiaries are missing or lack mental capacity. If a beneficiary cannot be traced or lacks the mental capacity to receive their inheritance, special legal steps must be taken to protect both them and the executor.
There are complex debts. If the estate is insolvent, or if there are disputed creditor claims, a solicitor can help manage the order of priority for paying debts and protect executors from personal liability.

How Much Does a Probate Solicitor Cost?

This is understandably one of the first questions families ask. Probate solicitor costs vary considerably depending on the complexity of the estate and how the solicitor structures their fees. In 2026, you'll typically encounter three pricing models:

1. Hourly Rate

Many solicitors charge by the hour. Rates vary hugely by location and firm size — expect anything from £150 to £450+ per hour, with London firms typically at the higher end. The total cost depends entirely on how long the work takes, which can be hard to predict. Always ask for an estimate of the total hours involved, and ask for regular billing updates.

2. Fixed Fee

An increasing number of probate solicitors and specialist probate services now offer fixed-fee pricing, which many families find less stressful because the cost is known upfront. A straightforward estate with a property might cost £1,500 to £3,000 plus VAT. A more complex estate with IHT might run to £5,000 to £10,000 or more. Always confirm exactly what's included — valuing assets, corresponding with HMRC, and distributing the estate should all be in scope.

3. Percentage of the Estate

Some solicitors (and many banks — see below) charge a percentage of the gross estate value, typically between 1% and 5%. On a £500,000 estate, even 1.5% means £7,500 — often far more than the work actually justifies. Be cautious of percentage-based fees for straightforward estates; always compare against fixed-fee or hourly alternatives.

What's a Reasonable Probate Solicitor Cost?

As a rough guide, expect to pay £2,000 to £5,000 for a reasonably simple estate handled by a solicitor, and potentially £10,000+ for complex estates with IHT, disputes, or foreign assets. Under the Solicitors Regulation Authority (SRA) rules, solicitors must provide clear cost information upfront. If they won't give you a written estimate, walk away.

Alternatives to a Probate Solicitor

A solicitor isn't your only option for professional probate help. It's worth knowing the alternatives:

Specialist Probate Services / Will Writers

Companies that specialise purely in probate (rather than general solicitors) can often offer competitive fixed fees and experienced caseworkers. However, they are not regulated by the SRA in the same way as solicitors, so check carefully for membership of professional bodies such as the Society of Trust and Estate Practitioners (STEP) or the Institute of Professional Will Writers (IPW). Ask what professional indemnity insurance they hold.

Bank Probate Services

Most high street banks offer probate and estate administration services. The major advantage is familiarity with the bank's own accounts. The significant disadvantage is cost — banks almost universally charge a percentage of the estate (often 2–4%), plus VAT. On a mid-sized estate, this can run into many thousands of pounds more than a specialist probate service or solicitor. Independent financial comparison consistently shows bank probate services to be among the most expensive options available. Use them only if simplicity and dealing with a single trusted institution matters more to you than cost.

DIY with Paid-For Guidance

Several reputable services — including Which? Legal and various probate software platforms — offer template documents, guidance packs, and phone helplines for a modest fee, which can sit alongside a DIY application for added confidence.

How to Find a Good Probate Solicitor

If you've decided professional help is the right choice, here's how to find someone trustworthy:

Ask for a personal recommendation — from your accountant, financial adviser, or a trusted friend who has been through the process recently
Look for STEP accreditation — the Society of Trust and Estate Practitioners sets high standards for private client lawyers; a STEP-qualified solicitor has specialist expertise in wills, trusts, and estates
Use the Law Society's 'Find a Solicitor' tool at solicitors.lawsociety.org.uk, filtering for probate and estate administration
Get at least two or three quotes and ask for written fee estimates before committing
Check reviews on Google, Trustpilot, or the Legal Ombudsman's case summaries
Ask your NAFD-accredited funeral director — many have established relationships with local probate professionals they trust, and can make a warm introduction

Speaking to an NAFD member funeral director in the early days after a bereavement can be more helpful than you might expect. Their knowledge of local professionals — solicitors, registrars, grief counsellors — is often invaluable, and all NAFD members adhere to a strict Code of Practice, so you can trust the recommendations they make.

A Quick Decision Checklist

Use this checklist to help decide whether DIY or professional help is right for your situation:

☐ Is the estate valued below £325,000 (or within available nil-rate bands with no IHT due)?
☐ Is there a clear, undisputed will?
☐ Are all assets held in the UK only?
☐ Are all beneficiaries known, traceable, and in agreement?
☐ Does the estate contain no business, farm, or trust assets?
☐ Are you confident dealing with HMRC forms and official correspondence?
☐ Do you have the time to manage the process (it typically takes 6–12 months)?

If you answered yes to all of these, DIY probate is likely manageable. If you answered no to any of them, professional help is strongly advisable — and the investment will almost certainly be worth it.

You can also use our free probate checker to assess your specific situation in more detail.

Final Thoughts

There's no single right answer to whether you need a solicitor for probate. What matters is being honest about the complexity of the estate, your own confidence and availability, and the potential cost of getting it wrong. For straightforward estates, DIY probate is a reasonable, cost-effective choice. For anything involving Inheritance Tax, overseas assets, disputes, or significant complexity, professional guidance is an investment that pays for itself.

Whatever you decide, you don't have to navigate this alone. Find your nearest NAFD-accredited funeral director — they're there to support your family through every step of what comes after a death, not just the funeral itself.