Willow

Do I need a solicitor for probate?

No, there is no legal requirement to use one. Most estates can be administered by the executor alone, and thousands of people do it every year using the government's online service. The real question is whether your estate has features that make professional help worth paying for.

This guide covers England and Wales. Scotland's process (confirmation) and Northern Ireland's differ in detail, but the same logic applies.

What the work actually involves

Probate has a reputation for being legal work. Most of it isn't. It's administration: listing assets, writing to banks, filling in forms, paying bills, closing accounts and distributing what's left. The legally significant moments, such as valuing the estate correctly, completing the inheritance tax forms and distributing to the right people, are a small part of the whole.

That matters, because solicitors charge legal rates for all of it. Full estate administration typically costs £2,000 to £7,000 plus VAT, and some firms still charge 1% to 3% of the estate's value. On a £400,000 estate, a percentage fee could mean paying £8,000 or more, often for admin tasks you could do yourself.

When a solicitor is worth it

Some estates do justify professional help. Be honest with yourself if any of these apply:

  • Inheritance tax is payable. The full IHT400 return runs to 122 questions, with more than 30 supplementary schedules. Getting valuations and reliefs right here can save far more than the fee costs.
  • The will creates a trust, or the person who died was a beneficiary of one.
  • Business or agricultural property is involved, as the reliefs are valuable and the rules are technical.
  • Assets abroad, which may need a separate grant in another country.
  • The estate is insolvent. If you pay debts in the wrong order, you could become personally liable.
  • Family tension or a likely claim such as a dependant left out of the will, a dispute over its validity, or distrust amongst beneficiaries.
  • Missing beneficiaries, or an intestacy with a complicated family tree.

Executors can be personally liable for mistakes. If the estate is simple, that risk is small. If it's complex, the solicitor's fee is partly an insurance.

A point in your favour: HMRC's approach to honest mistakes

HMRC does charge penalties for inaccuracies, but only where you failed to take "reasonable care", and reasonable care is judged by your individual circumstances. A widow completing an IHT form for the first time is not held to the standard of a tax professional. If you made genuine enquiries, kept records and got something wrong anyway, you're unlikely to face a penalty; you'll simply correct it and pay the difference.

Two caveats: the IHT return is due within 12 months of the end of the month of death, and late filing penalties start at £100 and rise from there. And leniency never extends to concealment - executors who deliberately withhold information about gifts or assets have faced penalties in the tens of thousands.

The happy medium: buy expertise, not admin

The choice isn't all-or-nothing. Two middle routes often give the best value:

Pay for advice by the hour. Do the administration yourself and pay a solicitor (look for STEP-qualified practitioners) for the parts that worry you, such as checking your IHT forms, advising on a trust clause, or confirming the order for paying debts. Two or three hours of expert opinion might cost £400 to £900.

Use a fixed-fee, grant-only service. Some firms will prepare the probate application and tax forms for a set price (typically £750 to £1,750 plus VAT) leaving you to gather the information and handle everything after the grant arrives.

Either way, don't pay legal fees for paralegal work. Closing a bank account doesn't need a law degree.

How to decide

Ask three questions. Is inheritance tax payable? Does the estate include anything unusual (e.g. trusts, a business, foreign assets, debts that might exceed assets)? Is there any prospect of a family dispute?

Three nos: do it yourself, and the government's online service will walk you through it. One yes: do it yourself, but buy a few hours of advice on that specific issue. Two or more: get a quote for full administration, and insist on a fixed fee, not a percentage.