Probate Guide

Do I Need a Solicitor for Probate?

UK guide 2026 · Reviewed by the GLCS Probate team · 12 May 2026

No — you don't legally have to use a solicitor or probate specialist. An executor can apply for the Grant of Probate themselves. But the executor is personally responsible for getting it right, and once a property, inheritance tax, a trust or a family disagreement is involved, most people decide the cost of professional help is worth the protection and the time saved.

When you can probably handle probate yourself

Doing probate without help is realistic when the estate is genuinely simple. As a rough guide, that means:

In those circumstances, the application itself is manageable, and you'd mainly be paying a professional for convenience rather than necessity.

When professional help is worth it

The picture changes quickly once any of these apply:

The estate is taxable for inheritance tax

If the estate is over the threshold (currently £325,000, or more where the residence nil-rate band or a transferred allowance applies), the inheritance tax account is detailed, the figures must be right, and the tax has to be paid before the grant is issued. Underpaying — even by accident — leaves the executor exposed to HMRC. This is where most DIY probates come unstuck.

There's a property to sell or transfer

A house in the deceased's sole name has to be valued correctly for tax, then sold or transferred using the grant. The conveyancing runs alongside the probate, and the two have to be co-ordinated.

There's a trust, a business, agricultural land or foreign assets

Any of these add real complexity — to the tax position, the valuation, and the administration. They're not DIY territory.

There's no will

The estate passes under the intestacy rules, which decide who inherits and who is entitled to administer the estate. Working out the correct order of entitlement isn't always obvious, and the wrong person applying causes problems later. (Making a will avoids all of this for the people you leave behind.)

The family doesn't agree, or a beneficiary can't be found

Disagreements over the will, claims for further provision, or a beneficiary who has moved or died all need handling carefully before anything is distributed.

You simply don't have the headspace

Administering an estate is a job — months of letters, forms, phone calls and chasing — at a time when you're grieving. Handing it over is a perfectly good reason on its own.

The executor's personal liability — the bit people don't realise

This is the single most important reason people choose professional help. As an executor, you are personally responsible for administering the estate correctly. If you:

then you can be made to make good the shortfall out of your own money. A probate professional carries compulsory professional indemnity insurance, follows formal procedures (such as placing statutory notices for creditors), and takes that exposure off your shoulders.

In short: the question isn't only "can I do this?" — it's "am I comfortable being personally on the hook if I get it wrong?" For a simple estate, fine. For anything with tax, property or family complexity, most executors aren't.

DIY vs professional probate — at a glance

Doing it yourself

  • No professional fees
  • Fine for small, simple, tax-free estates
  • You're personally liable for any mistakes
  • All the paperwork, chasing and waiting is yours
  • A rejected application sends you to the back of the queue

Using a probate specialist

  • Fixed fee, agreed in writing up front
  • Right choice once tax, property or trusts are involved
  • Their insurance covers errors — not your savings
  • They handle HMRC, the Registry, valuations and distribution
  • Often a "Grant only" option as a cheaper middle ground

What does it cost?

Probate professionals charge in different ways — a percentage of the estate value, an hourly rate, or a fixed fee. We think fixed fees are fairer, because you know the cost before you commit. At GLCS Probate:

See our probate service and full fees for the detail, and our guide to how much probate costs in 2026 for the wider picture including court fees and disbursements.

Frequently asked questions

Can a beneficiary also be the executor?
Yes — it's very common. A spouse or adult child is often both the main beneficiary and the executor. There's no conflict in that; the executor's job is simply to carry out the will, which includes paying themselves their share.
What if I've been named executor but don't want to act?
You can decline. If you haven't yet started dealing with the estate, you can formally "renounce" probate. If there's a co-executor, they can carry on; if not, the role passes to whoever is next entitled. You can also appoint a probate professional to act on your behalf so you keep the role in name but not the workload.
Does using a solicitor speed probate up?
It removes most of the avoidable delay — chiefly applications rejected for errors, and slow handling of the inheritance tax account. It can't speed up the Probate Registry itself. See our guide to how long probate takes.
Can I just use the bank's probate service?
Banks and some will-writers offer probate services, but they're often charged as a percentage of the estate, which can work out very expensive on a higher-value estate — and you may not be dealing with the same person throughout. Always compare the total cost, and ask whether the fee is fixed or percentage-based.

Not sure whether you need help?

Tell us about the estate and we'll give you an honest steer — whether it's straightforward enough to do yourself, or where professional help would actually pay off. No pressure, no obligation.

Written and reviewed by the GLCS Probate Services team. GLCS Probate Services Ltd is authorised and regulated by the Council for Licensed Conveyancers (Licence 14742). This article is general information, not legal advice for your situation — please get in touch for advice specific to the estate you're dealing with. Last reviewed: 12 May 2026.