Do I need a solicitor for probate?

Not necessarily. You may not need probate at all, for example if the person who died only had savings or jointly owned assets that pass to the survivors. Where probate is needed, you can apply yourself instead of hiring a solicitor. This guide shows when each route makes sense.

The short answer

So, do I need a solicitor for probate? Not necessarily, because GOV.UK says you can apply yourself, online or by post. That route can be cheaper than paying a probate practitioner such as a solicitor. GOV.UK also says probate usually takes within 12 weeks of submitting the application.

However, the right choice depends on the estate. Some estates need no probate at all, while others raise questions that a regulated solicitor can answer. The sections below take each point in turn.

When probate is needed

GOV.UK says you may not need probate if the person who died only had savings. The same applies if they owned money or property jointly with others that passes automatically to the survivors. However, each financial organisation has its own rules, so ask each one what it needs from you.

Jointly held assets follow a similar pattern. Shares or money held jointly pass automatically to the surviving owners unless they agreed otherwise. Land or property held as joint tenants also passes automatically to the surviving owners. As a result, a jointly owned account or home may fall outside the probate application.

Who can apply

If there is a will, the executors named in it can apply for probate. If there is no will, the closest living relative can apply. Therefore, the first job is to find out whether a will exists.

With no will, GOV.UK says the person entitled to apply is normally the spouse or civil partner, then adult children. However, an unmarried partner cannot apply. Check who stands first in line before you start, because that decides who should make the application. For the will side of the story, read do I need a solicitor to make a will.

What the document is called

The paper you receive has a different name depending on your situation. It is a grant of probate if there was a will. It is letters of administration with will annexed if the will does not name an executor or the named executor cannot apply. If there was no will, it is letters of administration. Because the names differ, check which one fits your case.

Applying yourself

You can apply for probate online or by post. However, paper applications take longer to process than online ones, so choose the online route if time matters to you. A postal application uses form PA1P if there is a will and form PA1A if there is no will. Doing it yourself can be cheaper than paying a probate practitioner such as a solicitor, since you avoid their fees.

The probate application fee is £526 if the estate is over £5,000. There is no fee if the estate is £5,000 or less. For example, extra copies cost £2 each with the application and £16 each if you need them later. As a result, ordering the copies you expect to need at the start costs less.

The Inheritance Tax step

If the estate owes Inheritance Tax, you must report its value within one year using form IHT400. You cannot apply for probate until you have done that. Therefore, find out early whether the estate owes the tax, because this step comes first. Keep the details you gather for the form with your other papers, since you will want them to hand when you apply.

What happens to the will afterwards

Once probate is granted, the probate registry keeps the will and any codicils. They then become a public record. For that reason, think about what the will contains before you apply, because it will no longer stay private afterwards.

If someone challenges an application

GOV.UK says you can enter a caveat to challenge someone else’s probate application before it is granted. For example, a caveat might concern who can apply or whether there is a will. This guide does not advise on whether to enter one, because that depends on the facts of each case.

When help is worth having

Some estates feel more complicated than others, and you may want a second opinion. Ask a regulated solicitor what they would do and what they would charge before you agree to anything. For example, ask whether they would handle the whole application or only part of it, and how they would bill for each stage.

Weigh those answers against the cost of doing it yourself, which the sections above set out. Our guide to what a solicitor may charge an executor for probate looks at the costs in more detail. Our wills and probate pages cover the wider area. Before you instruct anyone, make sure they are regulated, and use our check-a-solicitor page to see how.