Probate Without a Solicitor UK (2026): DIY Probate Step-by-Step Guide

Yes. There is no legal requirement to use a solicitor for probate in England and Wales. Many executors successfully apply for and obtain a grant of probate (or letters of administration) themselves and then administer the estate without professional help. The HMCTS online probate service was introduced to make the process more accessible. That said, a solicitor adds value for complex estates — particularly those with IHT to pay, disputed wills, overseas assets, or business interests. For a straightforward estate with a clear will, no IHT liability, and assets held in the UK, DIY probate is a realistic option that can save thousands of pounds.

The main cost for DIY probate is the HMCTS probate registry fee: £300 for estates over £5,000 (there is no fee for estates of £5,000 or less). You also pay £1.50 per additional sealed copy of the grant (most executors order 5–10 copies). If the estate is subject to inheritance tax, you must complete an IHT400 form and pay any IHT before probate is granted — IHT itself is not a probate cost but can be substantial. Compared to solicitor fees, which typically range from £2,000 to £10,000+ (often charged as a percentage of the estate), DIY probate on a straightforward estate can save a significant sum.

The HMCTS online probate service (probate.service.gov.uk) allows executors and administrators to apply for a grant of probate or letters of administration online, without needing to use paper forms. You can track the progress of your application online. Most straightforward applications are processed via the online service within 8–16 weeks, though timescales vary. You still need to submit supporting documents (the original will, death certificate, IHT forms) by post after submitting the online application. The service is free to use — the only cost is the official probate fee.

Solicitors add genuine value — and professional instruction is advisable — when: (1) the estate is subject to inheritance tax (IHT400 forms are complex and errors can be costly); (2) the will is contested or there is a dispute among beneficiaries; (3) the deceased had overseas assets, foreign property, or was domiciled abroad; (4) the deceased ran a business or was a company director; (5) the estate is insolvent (debts exceed assets); (6) the will is unclear, contains errors, or pre-dates significant changes in the deceased's life (such as a divorce or second marriage); (7) there are beneficiaries who cannot be traced or who lack mental capacity; (8) the executor is a beneficiary with a potential conflict of interest with other beneficiaries.

A grant of probate is issued where the deceased left a valid will and an executor named in that will applies to administer the estate. Letters of administration are issued where there is no will (intestacy) or where there is a will but no executor is available (e.g. all named executors have died or renounced). The application process is similar for both; the main difference is the supporting documents and forms required. Both grants give the holder legal authority to collect in estate assets, pay debts, and distribute the estate.

No. Not all estates require a formal grant of probate. Probate is generally not needed for: assets held in joint names (which pass automatically to the surviving co-owner by survivorship); assets that pass directly under a trust or pension nomination; small estate assets below the threshold set by individual banks (many banks will release up to £50,000 without requiring probate if asked politely); and personal possessions. Where the estate consists mainly of a jointly owned property and modest bank accounts, it is often possible to administer the estate without probate. However, most estates with property held in the deceased's sole name will require a grant.

The time from submitting the application to receiving the grant varies. In 2026, HMCTS is processing straightforward probate applications in approximately 8–20 weeks from the date the original documents are received. However, the total estate administration period — from death to final distribution to beneficiaries — is typically 9–18 months for a straightforward estate, and can be considerably longer for complex ones. The main factors affecting timescale are: delays in obtaining the death certificate, IHT processing by HMRC (which can take 3–6 months even for simple returns), selling property, and dealing with overseas assets.

The main forms for a DIY probate application are: (1) The online application via probate.service.gov.uk (replaces the old PA1P or PA1A paper forms). (2) An IHT form — either IHT205 (Excepted Estates form) for estates below the IHT threshold, or IHT400 (the full form) for taxable estates. You also need the original will (if there is one), sealed death certificate(s), and any codicils. For intestate estates, no will is submitted but you need evidence of your entitlement to administer (usually relationship to the deceased).

Yes — it is very common for an executor to also be a beneficiary of the estate. This does not disqualify them from acting as executor or from handling the probate themselves. The law recognises this is often the case, particularly in family situations where a spouse, child, or sibling is named as both executor and beneficiary. The main duty is to act in the interests of all beneficiaries, not just yourself. If you are the sole executor and sole beneficiary, there is no conflict issue at all. Conflicts only arise when the interests of the executor and the other beneficiaries genuinely diverge.