Probate Without a Solicitor: Can You Do It?

Yes — you can apply for probate yourself in England and Wales. The process is handled through HM Courts & Tribunals Service and does not legally require a solicitor. But it is more complex, time-sensitive and emotionally demanding than most people expect.

This guide explains what's involved, what can go wrong, and when it makes sense to get help.

What Is Probate?

When someone dies, their estate (property, money, possessions) cannot simply be handed to their beneficiaries. Banks, land registries and financial institutions need legal authority before they will release assets. Probate is the process of obtaining that authority.

If the deceased left a valid Will, the executor named in the Will applies for a Grant of Probate. If there is no Will, the next of kin applies for Letters of Administration. Both documents give the holder legal authority to administer the estate.

When Is Probate Required?

Not every death requires probate. You usually need it when:

• The deceased owned property (land or buildings) in their sole name
• The estate includes stocks, shares or investments held in the deceased's name
• A bank account held solely in the deceased's name exceeds the bank's probate threshold (typically £15,000–£50,000, varies by bank)

Jointly owned assets, nominated pension benefits, and life insurance with a named beneficiary typically pass outside of probate.

The Probate Process: Step by Step

1. Obtain the death certificate — You will need multiple certified copies (typically 5–10) to send to banks, insurers and the Land Registry simultaneously.
2. Value the estate — Every asset must be valued as at the date of death: bank accounts, investments, property (formal RICS valuation), vehicles, jewellery, business interests. Liabilities (mortgage, debts) are deducted.
3. Complete the HMRC inheritance tax forms — Even if no IHT is due, HMRC requires an IHT205 or IHT400 form (depending on estate complexity) before the probate application can proceed.
4. Pay any Inheritance Tax due — IHT must be paid before the Grant of Probate is issued. This creates a challenge: you cannot access the estate's cash until you have probate, but you need to pay IHT before probate. Banks will often release funds for IHT payment directly to HMRC upon request.
5. Submit the probate application — Online via MyHMCTS or by post. The court fee is £300 for estates over £5,000.
6. Receive the Grant of Probate — Currently taking 8–16 weeks from application to receipt.
7. Administer the estate — Collect all assets, pay debts, sell property if required, and distribute to beneficiaries. Keep detailed records of every transaction.
8. Prepare estate accounts — A formal record of all assets received, all payments made, and the final distribution to beneficiaries. Beneficiaries are entitled to see these.

When to Get Professional Help

DIY probate is feasible for simple estates — one property, straightforward finances, no disputes, no IHT. Consider professional help when:

• The estate includes business assets or complex investments
• Inheritance Tax is payable and the estate is complex
• There are disputes between beneficiaries or potential claims against the estate
• The deceased had assets in more than one country
• The Will is being contested
• You simply don't have the time — probate typically requires 20–40 hours of work

What Does Probate Cost?

• Court fee: £300 (waived for estates under £5,000)
• Clear Legacy fixed fee: from £195 (simple estates)
• Solicitor fee: typically 1–3% of the estate value — on a £400,000 estate, that's £4,000–£12,000
• Other online services: Farewill from £595, Co-op from £1,995