Can You Do Probate Without a Solicitor?

Sep 25, 2025   ·   7 minute read
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The short answer is yes; you can do probate without a solicitor. However, if you are an executor, you need to know what administering an estate involves to decide if you want to instruct a probate solicitor to administer the estate under your instructions.

If you have questions about probate or about appointing a probate lawyer, our team of specialist private client solicitors are here to help.

For probate advice call our specialist probate lawyers or complete our online enquiry form.

 

Applying for probate without a solicitor

Any executor can apply for probate without instructing a solicitor. Sometimes, when the executor and beneficiary are the same person and the estate is small, the risks of acting as executor without a probate lawyer are low. In other situations, the risks and personal liability could be significant.

If you are named as a joint executor in a Will, you can decide jointly with the other executors if you want to appoint a probate solicitor.  The fact that a solicitor was not appointed as an executor in the Will does not prevent you from instructing a lawyer.

If you decide to apply for probate without a solicitor, you need to consider:

  1. If you have the time to act as an executor.
  2. Whether acting as executor will cause family friction.
  3. If you are prepared to accept the personal liabilities that come with an executor appointment.
  4. If you can cope with the additional stress at a time of bereavement.
  5. If you are applying for probate without a solicitor, there is a potential for an increase in time to administer the estate and distribute it to the beneficiaries.

Time, worry and liability may all be non-issues for you if you are the sole executor and beneficiary of a small estate.

We recommend that you speak to probate lawyers to get a quote so you understand what a solicitor is likely to charge, so that you can make an informed decision.

At Evolve Family Law, we provide transparent information about our costs. Some information can be found here on the typical costs of probate services. For more information on costs, give us a call.

 

Who pays for a probate solicitor?

The estate pays for the costs of instructing a probate solicitor. The costs are not the liability of the executor/s. The lawyer’s fees are discharged along with other debts, such as utility bills on the deceased’s home and funeral expenses.

The estate pays the costs of the probate lawyer even though an executor, rather than a lawyer, was named in the Will. Most Will makers understand that their executors may elect to instruct a lawyer because their Will solicitor will run through the options with them.

 

The role of an executor

An executor’s job is to administer the estate of the deceased. That involves:

  1. Ascertaining the deceased’s assets and the value of the estate.
  2. Checking to see if tax will be payable.
  3. Working out if there are any debts.
  4. Applying for probate.
  5. Completing a tax return and paying any tax.
  6. Selling or transferring assets so the terms of the Will can be implemented.
  7. Paying the debts.
  8. Dealing with any challenges to the Will, such as on the grounds of validity or because the Will did not make reasonable financial provision for a dependant partner, second spouse or other claimant.
  9. Sorting out any specific bequests, such as jewellery.
  10. Paying any legacies to beneficiaries.
  11. Creating estate accounts.
  12. Finalising the estate accounts by paying the remaining estate monies to the residual beneficiaries.

 

The 12-point list is long and can be daunting to some lay executors, especially as the law says that an executor is personally liable for any mistakes made, even if they are genuine errors. For example:

  1. Undervaluing the estate for tax purposes.
  2. Paying the wrong amount to a beneficiary.
  1. Not paying a debt that was due before distributing the money from the estate.
  2. Paying a residuary beneficiary too much from the estate.
  3. Not realising that some assets fall within the estate, such as jointly owned property owned by the deceased as a tenant in common with the co-owner.
  4. Facing complaints by a residuary beneficiary, such as a charity, that the money raised should have been more, as the sale of property or other assets was not handled correctly.
  1. Not understanding what to do when faced with someone challenging the deceased’s Will because they say the Will was not drawn up correctly, was signed under duress, was signed when the deceased did not have the capacity to sign a Will, or because the Will did not make adequate provision for them.
  2. Not paying HMRC the correct amount of tax.

Some mistakes are easy to make. For example, not realising that inheritance tax will be payable or assuming that a beneficiary is liable to pay the tax. The issue for executors is that they can be held liable for the error. This can be a significant problem, especially where the executor is not the sole beneficiary of the estate.

 

The role of a probate lawyer

If an executor instructs a probate solicitor, the lawyer sorts all the estate administration out for them or can agree to do the more limited task of obtaining the grant of probate and then leaving the executor/s to finalise the estate distribution.

Although the executor appoints a lawyer, the executor remains in post. The executor’s job is to instruct the lawyer and authorise the actions they take. For example, the executor will formally approve the estate accounts prepared by the solicitor.  In the unlikely event that an experienced probate firm makes a mistake during the probate process, the executor has redress, as all qualified and regulated probate solicitors must adhere to standards set by their professional regulatory bodies and have professional indemnity insurance.

 

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Taking probate legal advice

The best advice for anyone thinking about dealing with probate without legal help from a specialist probate solicitor is to get advice on whether it is sensible to try. A good probate solicitor will tell you if probate is required and, if it is, whether there are warning signs to suggest that you will need legal assistance.

Some key flags for taking probate legal advice include:

  1. The estate is likely to be liable to pay inheritance tax.
  2. The deceased owned their own business, either as a sole trader, partner in a firm or as a company director.
  3. The deceased has left all or part of their estate to charity.
  4. The estate has complicated assets in it, such as a buy-to-let property portfolio or overseas property.
  5. The deceased has left their estate to minor children, and there are trusts involved.
  6. The deceased had a complicated personal life, so there is an increased risk of an inheritance dispute or estate challenge. For example, the deceased left a separated or former spouse, unmarried partner, or children from different relationships, and there is a risk that the Will may be challenged on the basis that it does not contain adequate financial provision.
  7. The deceased had a complicated financial life with lots of investments and debts that will need to be sorted out before the estate is distributed.
  8. You will find the process of acting as an executor and handling the probate yourself too distressing during a time of bereavement.
  9. There is a risk that you will fall out with sibling executors or fall out with members of the family who are beneficiaries because they have unrealistic expectations of timescales and what a lay executor can do.

 

Talk to Evolve Family Law

If you need help in deciding whether to handle a probate, give us a call to discuss the estate and your options. If you choose to ask us to handle the estate, we can take care of it entirely, relieving you of the stress whilst keeping you informed.

 

For probate advice call our specialist probate lawyers or complete our online enquiry form.