Applying for probate without a solicitor

Yes, you absolutely can apply for probate yourself without using a solicitor. Many people do so successfully, and the process is designed to be accessible to lay applicants.

What probate means in practice:

If the deceased left a valid will, you apply for a "grant of probate." If there was no will, the appropriate person applies for a "grant of letters of administration." Both types of application follow a similar process and are collectively often referred to as "applying for probate."

Who can apply:

If there is a will, the executor or executors named in it are entitled to apply. If there is no will, the rules of intestacy determine who has priority to apply, typically the surviving spouse or civil partner first, then children, and so on down a statutory order set out in Rule 20 of the Non-Contentious Probate Rules 1987.

How to apply:

1. You can apply online through the GOV.UK probate service at gov.uk/applying-for-probate. The online system is straightforward and guides you through step by step.
2. Alternatively, you can apply by post using form PA1P (if there is a will) or PA1A (if there is no will). These forms and guidance notes are available on GOV.UK.

What you will need:

You will need the original will (if there is one), the death certificate, details of the estate's assets and liabilities, and information about the beneficiaries. You will also need to complete an inheritance tax form. For most estates that do not owe inheritance tax, this will be a short online return or the simpler IHT205 or its current equivalent (the process has moved largely online). For estates where inheritance tax is payable, you will need form IHT400, which is submitted to HMRC.

The current probate application fee is £300 if the estate is valued at over £5,000. There is no fee if the estate is £5,000 or under.

When it may be sensible to get professional help:

While there is no legal requirement to use a solicitor, there are situations where professional help is worth considering. These include estates involving inheritance tax liabilities, foreign assets, business interests, trusts within the will, disputes between beneficiaries, missing beneficiaries, complex property arrangements, or any situation where the will is unclear or being challenged. Executors and administrators are personally liable for the proper administration of the estate, including paying the correct tax and distributing to the right people, so if the estate is complicated, the risk of getting something wrong can be significant.

Practical tips:

The HM Courts and Tribunals Service probate helpline can assist with procedural questions. The GOV.UK guidance pages are clear and regularly updated. Citizens Advice also has helpful step-by-step guides.

If the estate is relatively straightforward, a house, some savings, no inheritance tax to pay, no disputes, then doing it yourself is a perfectly reasonable and common choice that can save a considerable amount in legal fees.