Do I need a probate solicitor?
Last checked September 2026 by Naomi Jackson
Short answer
No. Executors can apply for probate themselves through the GOV.UK online service, and around four in ten grants are applied for personally. A solicitor is worth paying when inheritance tax is due, the will is unclear or disputed, there are overseas assets, a trust or a business, or beneficiaries cannot be traced.
- Legally required?
- No, anywhere in the UK
- Court fee either way
- £526 in England and Wales for estates over £5,000
- Grant-only fixed fee
- Typically £400 to £1,500 plus VAT
- Full administration
- Typically £3,000 to £15,000, or 1 to 5 per cent
- Who pays
- The estate, not you personally
There is no legal requirement to use a solicitor for probate. Whether you should comes down to how complicated the estate is, not how much it is worth.
When you probably don't need a solicitor
If the estate is simple and everyone agrees, the application itself is an online form. The work is admin, not law.
- There is a valid will and you are the named executor
- The estate is under the inheritance tax thresholds and no tax is due
- The assets are UK bank accounts, a pension, and perhaps one property
- The beneficiaries are known, adults, and on speaking terms
- You have the time to write to each organisation and wait for replies
When a solicitor is worth the cost
These are the situations where a mistake is expensive and personal. An executor is personally liable for getting the distribution wrong.
- Inheritance tax is due, or you need to claim the residence nil rate band or a transferred allowance
- There is no will and the intestacy rules decide who inherits
- Someone has said they may contest the will, or a dependant may make a claim
- The estate includes a business, farm, trust, or assets abroad
- A beneficiary is a child, lacks capacity, or cannot be found
- The estate may be insolvent, so debts have to be paid in the correct legal order
The middle option most people miss
You do not have to choose between doing everything and handing over everything. A grant-only fixed fee service prepares and submits the application, typically for £400 to £1,500 plus VAT, and you do the banks, the selling and the distribution yourself. It is usually a fraction of full administration and removes the part people worry most about getting wrong.
What you should never agree to
Fee structures matter more than the headline rate.
- An open-ended percentage of the estate with no cap, especially where a property is the main asset
- A quote that does not separate the firm's fees from disbursements like the court fee and the statutory notices
- Hourly billing with no estimate of hours and no obligation to warn you before exceeding it
- Anything agreed verbally. Get the scope and the price in writing before you instruct
Frequently asked questions
Is it cheaper to do probate yourself?
Almost always. Doing it yourself costs the £526 court fee plus a few pounds for extra copies. A solicitor administering the whole estate typically costs thousands. The trade is your time and the risk of getting something wrong.
Who pays the probate solicitor?
The estate pays, not the executor personally. The fees come out of the money before it is distributed to beneficiaries, which is why beneficiaries have a legitimate interest in what you agree to.
Can I start it myself and hand it over later?
Yes. Many people gather the valuations themselves and then instruct a firm only for the application or for the tax account. Say up front which parts you want to keep, so the quote reflects it.
Is a will-writing company or bank the same as a solicitor?
No. Only solicitors are regulated by the Solicitors Regulation Authority, with compulsory insurance and a complaints route through the Legal Ombudsman. Some probate companies are regulated by CILEx or STEP; unregulated firms have neither.
Check if you need probate
Check if you need probateMore guides in this series
What makes a good probate solicitor
The questions to ask before you instruct anyone, the fee structures to avoid, and how to check a firm is properly regulated.
What a probate solicitor actually does
Task by task, what you're paying a probate solicitor for, and which parts you could realistically do yourself.
Probate without a will: letters of administration
Who can apply when there's no will, how letters of administration work, and who inherits under the intestacy rules in each UK nation.
Related guides
What is probate?
What it means, when you need it, what it costs and how to apply yourself.
What to do when someone dies
The full UK checklist, from the first 24 hours through probate.
Death admin checklist
A week-by-week task list. Printable PDF available.
Tell Us Once explained
How the free government service notifies HMRC, DWP and your council in one go.
Closing accounts after death
Step-by-step for banks, utilities, pensions and subscriptions.
Bereavement financial help
Benefits and grants you may be entitled to claim.
Probate explained
When you need it, what it costs, and whether you need a solicitor.
Arranging a funeral
Every option and what it costs, and how to choose a funeral director.
Prepare your probate application
Gather the estate details, check what you need and build a pack before you apply yourself.
Funeral cost calculator
Estimate a funeral for your area and the choices you are making.
