Do I need a Solicitor for probate?

When someone dies, their estate typically requires probate before assets can be distributed to beneficiaries. Probate is the legal process that gives the Executor (if there is a Will) or the Administrator (if there is not) the authority to deal with the estate. One of the first questions many people ask is whether they need a Solicitor for probate.

The answer is that you do not always need a Solicitor. It depends on the size of the estate, the complexity of the assets, how comfortable you feel managing the legal and administrative steps yourself, and, fundamentally, how much time you have to dedicate to managing the estate of someone who has passed away.

When you may not need a Solicitor

Many people can apply for probate without legal assistance. You may not need a Solicitor if:

• The estate is small and straightforward. For example, if the person only had a single bank account and no property.

• All beneficiaries agree on the division of assets.

• There are no disputes or claims against the estate.

• The estate does not involve complex assets such as overseas property or business interests.

In these situations, you can often complete the probate application yourself through the HM Courts and Tribunals Service (HMCTS). The government website provides the necessary forms and guidance.

When a Solicitor can be helpful

However, there are many situations where using a Solicitor can save you stress, time, and potentially costly mistakes. A Solicitor may be particularly helpful if:

• The estate is larger or includes high-value assets such as property, investments, or business interests.

• The estate is taxable, and Inheritance Tax calculations need to be made. Alternatively, the estate may not be taxable, but may use allowances such as the Residential Nil Rate Band (RNRB) to fall under a different threshold.

• There are complex family arrangements, such as second marriages or estranged relatives.

• There are potential disputes between beneficiaries.

• The Will is unclear, contested, or potentially invalid.

• The estate includes assets abroad or in a Trust.

Solicitors (and other probate professionals) often have experience dealing with these issues and can guide you through the legal requirements to make sure everything is handled correctly.

Are there alternatives to using a Solicitor?

Yes. While many people turn to Solicitors, other qualified probate professionals can provide the same services. These may include:

• Chartered Accountants with probate accreditation through bodies such as the ICAEW (Institute of Chartered Accountants in England and Wales).

• Specialist probate practitioners, many of whom are members of STEP (the Society of Trust and Estate Practitioners) or other recognised regulatory bodies.

Kings Court Trust is a specialist probate practitioner with many Technical Experts across different disciplines, such as tax, Trusts, and property, and we’re registered with the ICAEW.

When choosing an alternative to a Solicitor, it is important to check that they are:

• Properly regulated by a recognised professional body.

• Experienced in probate work, particularly for estates similar to the one you are dealing with.

• Transparent about fees, so you understand the cost upfront. This is one of the largest advantages of working with a probate Solicitor alternative, as typically Solicitors will charge either an hourly rate or a flat percentage of the estate, both of which can result in higher costs.

Working with a regulated professional provides peace of mind that there is a complaints process and professional standards in place, which can be especially important if any difficulties arise.

Weighing up the decision

Applying for probate yourself can save money, as you will only pay the Court fee and avoid professional costs. However, it can be time-consuming and involves detailed paperwork. Errors can cause delays, increase costs, or even result in personal liability for the Executor or Administrator.

If you are unsure, it may be worth at least taking initial advice, whether from a Solicitor or another regulated probate professional. Some offer fixed-fee consultations to help you decide whether you can handle the process alone or whether it would be safer to instruct a professional.

Key takeaway

You do not legally need a Solicitor to apply for probate. You can do it yourself, or you may prefer to use a Solicitor or another regulated probate professional, such as a STEP member or an ICAEW-accredited provider. The best option depends on the complexity of the estate, the risks involved, and your confidence in managing the process.