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 question is whether your estate has features that make professional help worth paying for.

What the work actually involves

Probate has a reputation for being legal work. In reality most of it is admin: 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, especially if any of these apply:

• 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 protects you.

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 can just 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 will face penalties.

The happy medium

Pay for advice by the hour. Do the administration yourself and pay a solicitor or STEP-qualified practitioner 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 solicitor's time might cost £400 to £900.

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