The Ultimate Guide Can Probate Be Done Without a Solicitor

1. The Ultimate Guide: Can Probate Be Done Without a Solicitor? When a loved one passes away, dealing with their estate can feel overwhelming. One of the first questions people ask is: Can probate be done without a solicitor? The short answer is yes — but it’s important to understand what this involves, the potential risks, and when professional help might still be necessary. This comprehensive guide walks you through everything you need to know so you can make the right decision for your circumstances. What Is Probate? Probate is the legal process of administering someone’s estate after they die. This includes: Validating the will Identifying and valuing assets Paying debts and taxes Distributing remaining assets to beneficiaries If there is a will, the executor applies for a Grant of Probate. If there is no will, the next of kin applies for Letters of Administration. Can Probate Be Done Without a Solicitor? Yes — probate can be done without a solicitor, and thousands of people in the UK choose to handle it themselves each year. The probate application system has become more user- friendly over time, and the government’s online service can streamline the process. But doing probate yourself isn’t always straightforward. Whether you should DIY the process depends on: The size and complexity of the estate Whether any disputes are likely Tax implications The amount of time you can dedicate Your confidence in handling legal paperwork For simple estates with a clear will, DIY probate may be perfectly manageable. For more complex situations, involving a solicitor could save a huge amount of stress, time, and possible costly errors. When You Can Easily Do Probate Yourself You may be able to handle probate alone when:

2. 1. The estate is small If assets total less than £5,000–£10,000, many banks don’t even require probate. 2. There is a valid, uncontested will If all beneficiaries agree and the will is straightforward, the process is far simpler. 3. There are no foreign assets Probate laws vary across countries, so overseas property complicates matters. 4. No inheritance tax (IHT) is due If the estate is valued below the £325,000 threshold (or qualifies for certain reliefs), probate will be easier. 5. No business assets or trusts These require specialist handling. When You Should Consider Using a Solicitor Although probate can be done without a solicitor, there are times when professional help is strongly recommended. 1. The estate is large or complex High-value estates may trigger inheritance tax or require detailed valuations. 2. There are disputes among beneficiaries A solicitor can prevent conflicts from escalating into costly litigation. 3. There is no will Intestacy rules can be confusing, especially when distant relatives are involved. 4. The estate includes business interests Handling shares, partnerships, or directorships requires specialist knowledge. 5. There are foreign assets or property International probate is far more complicated. 6. The executor feels overwhelmed Probate can be time-consuming — often taking 6–12 months to complete.

3. How to Do Probate Without a Solicitor If you decide to handle the process yourself, here is the basic step-by-step guide. Step 1: Value the Estate Gather information from banks, pension providers, mortgage lenders, and service providers. Step 2: Determine If You Need to Pay Inheritance Tax Use HMRC’s forms IHT205 (for simple estates) or IHT400 (for taxable estates). Step 3: Apply for Probate You can apply online at the government website or use a postal form (PA1P or PA1A). Step 4: Pay the Probate Fee The current fee is usually £273 (plus £1.50 for additional copies). Step 5: Receive the Grant of Probate This usually arrives within 8–16 weeks. Step 6: Administer the Estate This includes settling debts, selling or transferring property, and distributing funds. Benefits of Doing Probate Yourself Saves money on solicitor fees Gives you more control over the process Simpler estates can be handled fairly easily Online tools and guidance make it more accessible Risks of Doing Probate Without a Solicitor Making mistakes on tax forms Incorrectly valuing assets Misinterpreting the will or intestacy rules Personal legal liability if errors occur Potential disputes with beneficiaries Delays due to unfamiliarity with the process Because executors are personally responsible for mistakes, even innocent errors can result in financial consequences. Final Thoughts

4. So, can probate be done without a solicitor? Yes — but whether you should do it depends on the estate’s complexity and your comfort level with legal procedures. Simple estates can often be managed without professional help, but complex estates may benefit greatly from expert guidance. For those who prefer expert guidance from the start, Welland Valley Legal offers tailored probate services designed to simplify the process, reduce your stress, and ensure the estate is administered accurately and efficiently. FAQs 1. Can probate be done without a solicitor? Yes. The executor or next of kin can apply for probate themselves using the government’s online or postal system. 2. How long does DIY probate take? Typically 6–12 months, but delays can occur if forms are incorrect or documents are missing. 3. How much does probate cost without a solicitor? You only pay the probate application fee (around £273) plus any extra copies. 4. What happens if I make a mistake during probate? The executor is legally responsible and may face financial liability, so accuracy is essential. 5. Can I start probate and later hire a solicitor? Yes, solicitors can step in at any point if you need help.