Can I do probate myself without a solicitor?
Yes, you can do probate yourself. There is no legal requirement to use a solicitor. For many straightforward estates in England and Wales, a DIY approach is entirely achievable.
This page explains when doing probate yourself is realistic, when to seek professional help, and what your responsibilities as an executor or administrator actually are.
What “doing probate yourself” means
Doing probate yourself simply means taking responsibility for administering the estate, rather than instructing a solicitor to do it on your behalf. In practice, you are the one making decisions, completing forms, and communicating with institutions.
You can apply for probate using the GOV.UK online service and pay the court fee yourself. That fee rose from £300 to £526 on 13 July 2026. It applies to estates valued above £5,000, and there is no fee at all for smaller estates. A good starting point for understanding the full process is the Citizens Advice website, which provides a clear overview of what needs to be done.
When DIY probate works well
For simple estates with no property, no inheritance tax, and few beneficiaries, DIY probate is manageable. More specifically, estates are well-suited to a DIY approach when there is a valid will, all assets are in England or Wales, there are no business interests or trusts, and all beneficiaries are traceable.
The cost difference can be significant. Many families handle straightforward probate themselves using the HM Courts and Tribunals Service online application, paying the £526 court fee for estates over £5,000. By contrast, a solicitor usually earns their fee where the estate is large, the inheritance tax position is complicated, the family is in dispute, there are overseas assets, or trusts are involved. There is no magic estate value at which DIY stops making sense. Complexity matters far more than size.
Inheritance tax is less of an obstacle than many people expect. Since January 2022, most estates have been ‘excepted estates’. For an excepted estate where no full details are required, you give the figures on the probate application itself and do not send a separate form to HMRC. You must use form IHT400 if inheritance tax is due or if HMRC requires full details for another reason.
It is also worth understanding how much solicitors charge for probate before you decide, so you can weigh the costs and benefits properly.
The personal liability risk every executor must understand
Before proceeding without professional support, it is important to understand the risks. As an executor or administrator, you act in the beneficiaries’ interests, must keep accounts, and can be personally liable for mistakes, so accuracy and good records matter.
A breach of fiduciary duty (the legal duty to act in the interests of the beneficiaries) could leave the executor not only legally responsible for their mistakes, but personally liable for any losses to the estate. This applies even where a mistake was genuine rather than deliberate.
For example, if an executor distributes estate assets before identifying and settling all debts and taxes, they may be personally liable for any shortfall, such as where beneficiaries receive funds while creditors remain unpaid, or HMRC inheritance tax is not fully settled before distribution. In such cases, the executor can be required to repay the outstanding amounts from their own finances.
The risks of being an executor or administrator are considerably reduced with professional support.
How to protect yourself before you pay anyone out
The law gives executors a formal shield against unknown debts, and it is not expensive. It comes from section 27 of the Trustee Act 1925 (see our guide to the section 27 notice).
You place a notice in The Gazette, which is the official public record. If the estate includes land, you also advertise in a newspaper circulating in the district where the land is situated. The notice invites anyone owed money to come forward, and it must give them at least two months to do so.
Once that period has passed, you can distribute what is left knowing where you stand. A creditor who did not come forward can still chase the beneficiaries who received the money. However, if you have complied with section 27, they cannot generally hold you personally liable if you had no notice of their claim when you distributed the estate.
Two further habits reduce the risk. Run a bankruptcy search against each beneficiary before you pay them, because paying a bankrupt beneficiary directly can make you liable to their trustee in bankruptcy. And consider estate administration insurance, which may cover you and the beneficiaries against risks set out in the policy if something surfaces later.
Timing matters just as much as paperwork. Certain family members and dependants can ask the court for a share of the estate, even where the will says otherwise. They have six months from the date the grant is issued to start that claim under the Inheritance (Provision for Family and Dependants) Act 1975.
After those six months, the Act generally protects you from personal liability for distributing the estate merely because a late claim might later be allowed. In practice, most executors wait around ten months. Someone who starts a claim just inside the deadline then has up to four months to serve the paperwork on you, so the risk does not disappear at the six-month mark.
When you should seek professional advice
Seek advice from a probate practitioner if you answer yes to any of the following questions.
- Are there doubts over the validity of the will?
- Are there beneficiaries you cannot locate?
- Did the deceased leave dependants who may have a claim for financial support but were not included in the will?
- Does the estate include assets held in trust?
- Is the estate insolvent, or are there doubts about its solvency?
- Does the estate include property outside the UK?
- Was the deceased domiciled outside England and Wales at the time of death?
If the estate involves property, inheritance tax, business assets, or disputes, professional support can save time, reduce stress, and help avoid costly mistakes.
If you start and then get stuck
You do not have to commit to the DIY route entirely. If you start and get stuck, you can instruct a professional at any point. Most practitioners will happily take over a part-completed matter. Getting some professional input on a specific aspect need not mean handing the whole process over.
If you are unsure whether probate is needed at all, or you want guidance on the next step, you can book a free consultation through The Probate Network.
Frequently asked questions
Is there a legal requirement to use a solicitor for probate in England and Wales?
No. Most executors can handle probate themselves for straightforward estates. There is no legal requirement to use a solicitor. However, if the estate is complex, you carry personal liability for errors, so professional help is worth considering.
How much does it cost to do probate yourself?
The government charges a £526 application fee for estates valued at more than £5,000. Sealed copies of the grant cost £2 each if you order them at the same time as the application. Order them later and they cost £16 each, so work out how many you need before you apply. You may also incur costs for professional valuations and obtaining certified copies of the death certificate. A solicitor or probate specialist will charge considerably more, but their involvement reduces the risk of personal liability.
One copy goes to each bank, insurer or registrar you need to deal with. Six to ten is common for an estate with a few accounts and a property. Ordering them up front is much cheaper than going back later.
What happens if I make a mistake as executor?
Inheritance tax errors are serious. HMRC can charge a penalty of up to 30% of the lost tax for a careless error, up to 70% for a deliberate one, and up to 100% where the error was deliberate and concealed. Those are maximums. Owning up before HMRC finds the problem reduces the penalty significantly, and sometimes to nothing. For other types of error, if an executor has made mistakes that have caused beneficiaries to suffer loss, those beneficiaries may be able to make a claim against the executor or have them removed from their position.
How long does DIY probate take?
HMCTS figures for May 2026 show an average of about six weeks from submission to grant, falling to around four weeks for applications made online. Postal applications take longer. The full estate administration process, covering valuing the estate, dealing with HMRC, applying for the grant, and distributing the estate, typically takes six to twelve months.
The number worth planning around is what happens when something is wrong. If the Probate Service has to stop your application to ask a question, the average stretches to roughly fourteen weeks. Getting the form right first time is the single biggest thing you can do to keep the timetable short.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.
