Can I Do Probate Without a Solicitor?

Yes - you can apply for probate without a solicitor, and many executors do exactly that. There is no legal requirement to use a solicitor to obtain a Grant of Probate in England and Wales. For a straightforward estate, many people find they can manage the process themselves with the right information and a methodical approach.

That said, it is important to go in with a clear understanding of what is involved and when professional help is worth the cost. This guide covers both.

When DIY Probate Is Likely to Be Suitable

Handling probate yourself is most appropriate when the estate is relatively straightforward. As a general guide, DIY probate tends to work well when:

• There is a clear, valid will that is not likely to be disputed
• All assets are in England and Wales - no overseas property or foreign bank accounts
• There are no trusts created by the will that need to be administered
• The estate is below the inheritance tax threshold, or the tax position is simple and straightforward
• The asset mix is manageable - typically a property, one or two bank accounts, and perhaps some investments
• There are no disputes between beneficiaries
• The executors are on good terms with each other (if there are multiple)

If several of these factors apply to your situation, DIY probate is a realistic option. Hundreds of thousands of estates are administered without professional legal help each year.

What the Process Involves

The probate application itself - the formal step of applying to the Probate Registry - is probably less complicated than you might expect. Most executors apply online via the MyHMCTS portal on GOV.UK.

The online application

The MyHMCTS online probate service guides you through the application step by step. You will need:

• The original will (sent by post after you submit online)
• A certified copy of the death certificate
• The deceased's National Insurance number and personal details
• The total gross and net value of the estate
• Details of all executors applying (or renouncing)

You pay the £300 court fee online at the point of application. See our full guide to how to apply for probate and our documents needed for probate guide for more detail on what to prepare.

How long does it take?

GOV.UK guidance indicates that most grants are issued within 12 weeks of a complete application being received. The time before that - gathering valuations, notifying banks, and assembling documents - typically takes several weeks on top of that. See our probate checklist for the full picture of every phase.

What happens after probate is granted

Once you hold the grant, you use sealed copies (ordered at £16 each at the time of application) to collect assets from banks and institutions, pay debts, and eventually distribute what remains to beneficiaries. This phase can take months. Being organised is more important than legal expertise.

Common Concerns About Doing It Yourself

"Is it really as complicated as it sounds?"

For most straightforward estates, the honest answer is no - it is less complicated than people expect. The legal forms are detailed but logical. Banks and institutions deal with executors directly every day. The main thing that makes probate feel daunting is unfamiliarity with the process, not genuine complexity.

The challenges are usually practical: staying organised across many different tasks, keeping track of correspondence with institutions, and making sure nothing is missed. A structured approach - even just a clear checklist and document folder - goes a long way.

"What if I make a mistake?"

Executor liability is real, and it is worth taking seriously. As an executor, you can be held personally liable if you distribute assets incorrectly, pay the wrong person, fail to pay a creditor, or make an error in the IHT return that results in a penalty. This is one reason it is important to understand your duties properly before you begin - our guide to executor duties is a good starting point.

For straightforward estates, the main risks are manageable with care: pay debts before beneficiaries, keep records of everything, get signed receipts from beneficiaries, and consider placing a deceased estate notice in The Gazette to protect yourself from unknown creditors. These are sensible steps that do not require a solicitor to action.

What Settle Does

Settle is designed for exactly this kind of situation - an executor who wants to do things properly without necessarily paying thousands of pounds in legal fees. Settle provides:

• A structured task tracker covering every phase of probate and estate administration
• An institution log to track correspondence with banks, HMRC, and other parties
• A document checklist tailored to your estate
• Clear guidance on each step, written for executors rather than lawyers

Settle is not a legal advice service and does not replace a solicitor where one is genuinely needed. But for the majority of straightforward estates, it gives you the structure and confidence to manage the process yourself. The workspace costs £79 as a one-off payment.

When Professional Help Is Worth Considering

There are situations where using a solicitor - at least for part of the process - is likely to be worth the cost. These include:

• Overseas assets - property or accounts in another country require knowledge of that country's legal system
• Disputes - if beneficiaries are not in agreement, or someone is contesting the will, you need professional representation
• Trusts - if the will creates a trust, ongoing trustee responsibilities are more complex
• Complex tax position - large estates, multiple reliefs, or unusual assets may benefit from specialist tax advice
• No time or confidence - if being an executor is simply not feasible given your other commitments, outsourcing is a perfectly rational choice

You do not have to use a solicitor for everything

One option that many executors overlook is using a solicitor for specific parts of the process rather than the whole thing. For example:

• You might handle the probate application yourself but instruct a conveyancer just for the property transfer
• You might use an accountant to prepare the final tax return while managing everything else yourself
• You might seek a one-off hour of legal advice on a specific question without handing over the whole estate

This unbundled approach can significantly reduce costs while still ensuring you get professional input where it genuinely adds value. See our detailed comparison in DIY probate vs using a solicitor and our guide to probate costs for a breakdown of typical fees.

Whatever you decide, the most important thing is to act methodically and keep good records. Whether you use a solicitor, use Settle, or go it entirely alone, the underlying legal process is the same.