What does a probate solicitor actually do?
Last checked September 2026 by Naomi Jackson
Short answer
A probate solicitor values the estate, completes the inheritance tax account, applies for the grant, collects in the money, settles debts and tax, prepares estate accounts and distributes to the beneficiaries. Most of it is correspondence and record keeping rather than legal advice, which is why parts of it can be kept in-house.
- Grant
- Usually within 12 weeks of applying (GOV.UK)
- Grant alone
- Usually 8 to 16 weeks after applying
- Legal advice element
- Small on a simple estate, large on a disputed one
- Can you split the work?
- Yes, grant-only services are common
Knowing what the work consists of is the only way to judge whether a quote is fair, or whether you want to keep part of it.
The work, in order
This is the standard sequence for a full administration.
- Establish the will is valid and identify the executors, or work out who may apply where there is no will
- Write to every bank, pension, insurer and share registrar for date-of-death values, and get the property valued
- List the debts, including tax owed and any care fees
- Complete the inheritance tax account and pay any tax due before applying
- Apply for the grant of probate, or Confirmation in Scotland, and pay the court fee
- Send an official copy of the grant to each organisation and collect the money in
- Place statutory notices to protect the executors against unknown creditors
- Sell or transfer the property
- Settle debts, tax and expenses, then prepare estate accounts
- Distribute to the beneficiaries and get receipts
Which parts you could do yourself
The correspondence stages are time-consuming but not technical. Writing to banks, chasing valuations, closing accounts and keeping the records are all things an organised executor can do. What most people want help with is the inheritance tax account, the application itself, and the final distribution where the rules decide who gets what.
What you're really paying for on a complex estate
On a disputed, taxable or insolvent estate the value is in the judgement, not the admin: getting the tax reliefs claimed correctly, paying creditors in the right legal order, protecting the executors from personal liability, and dealing with a claim against the estate before it becomes litigation.
Frequently asked questions
How long does a solicitor take to do probate?
Getting the grant and finishing the estate are different stages. In England and Wales, GOV.UK says you will usually receive the grant within 12 weeks of applying, although some applications take longer. Preparing the application and dealing with accounts, tax, debts and property add time. The whole process can take many months and sometimes longer than a year.
Can a solicitor be the executor?
Yes, if the will appoints them. A professional executor charges the estate for acting, so check the will for a charging clause. Beneficiaries can sometimes ask a professional executor to step aside, but they are not obliged to.
Do I have to use the solicitor who wrote the will?
No, even if they hold the original will. They must release it to the named executors. You are free to instruct anyone, or to apply yourself.
Read the probate guide
Read the probate guideMore guides in this series
Do I need a probate solicitor?
Most straightforward estates don't need one. Here's when a solicitor is worth the cost, when it isn't, and what it should cost either way.
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.
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.
