Should You Use a Solicitor for Probate? When DIY Makes Sense
- Probate & Estate Support Hub
- 4 days ago
- 5 min read
Probate is one of those situations where the decision you make early on can shape everything that follows.
I’ve seen executors take on far more than they expected — and I’ve also seen people pay for support they didn’t actually need.
I don’t offer legal advice, but I can help you understand how this usually works in practice.
Context
When someone dies, probate isn’t just a form — it’s a process that unfolds over months, sometimes longer.
As executor, you’re responsible for handling the estate properly, dealing with institutions, and managing expectations of beneficiaries — often at the same time.
This decision — solicitor or DIY — sits right at the start of that process.
If you’re still early on, it helps to understand the broader role of the executor which you can read in an article here.
Watch: Should You Use a Solicitor for Probate?
If you’d prefer to see how this plays out in real situations, I’ve broken it down in this video — including where executors tend to struggle and how to think about the decision properly.
If you’re unsure what applies in your situation, the options later in this article will help you decide what to do next.
At a Glance
Many executors can deal with probate themselves if the estate is straightforward
The risk is not just the application — it’s the wider estate administration process
Probate can be technically complex, particularly around tax, trusts, and property
A step-by-step structure helps DIY executors avoid common mistakes
A Clarity Call can help if you’re unsure whether DIY is sensible
A solicitor is usually most valuable where there is complexity, conflict, or pressure
In This Guide
Why this decision is often misunderstood
The pressure executors actually face
Where things typically go wrong
When DIY may not be the best route
When DIY is often sensible
Common misunderstandings
How to decide what’s right for you
Feeling unsure about this already?
If you’re acting as executor and want to avoid costly missteps, you have three options:
→ Use the Complete Executor Bundle Best if you’re planning to handle probate yourself and want clear, structured guidance through the full process.
→ Talk it through on a 30-minute Clarity Call Best if you’re unsure how complex the estate is, or you want to sense-check your approach before going further.
→ Speak to a recommended solicitor Best if the estate involves inheritance tax complexity, trusts, disputes, or you’d prefer to hand the process over.
Why This Decision Is Often Misunderstood
Most people approach this as a simple yes/no decision.
“Should I use a solicitor?”
In practice, that’s the wrong question. A better way to look at it is:
How complex is the estate?
How much time do you realistically have?
How much pressure are you willing to take on?
Probate can be technically complex — especially where tax, trusts, or multiple assets are involved.
But in practice, many of the problems I see come from the combination of that complexity with pressure, responsibility, and small decisions made along the way.
The Pressure Executors Actually Face
This is the part most people don’t expect. Imagine you’re acting as executor.
You’ve submitted everything correctly, but the Probate Registry is taking time.
Meanwhile, beneficiaries are asking for updates. Someone thinks things are being delayed.
Someone else wants access to a property or assets.
Nothing has necessarily gone wrong. But you’re the one dealing with it.
This is where probate stops feeling like paperwork and starts feeling like responsibility.
Where Things Typically Go Wrong
From what I’ve seen, most issues don’t come from complex legal edge cases.
They come from things like:
Misunderstanding how a will operates
Dealing with assets in the wrong order
Incomplete or incorrect tax reporting
Assumptions about what beneficiaries are entitled to
Individually, these don’t seem major. But over time they slow things down, create tension, and increase your exposure as executor.
If you’re worried about getting this wrong
This is exactly where many executors start to feel exposed — not necessarily because they need a solicitor, but because they don’t have a clear structure.
→ Use the Complete Executor Bundle Follow the process step by step, so you know what to do and when.
→ Book a 30-minute Clarity Call Useful if you want to check whether your estate is still suitable for DIY.
→ Request a solicitor recommendation Best where the estate is becoming complex, contentious, or too much to manage.
When DIY May Not Be the Best Route
There are certain situations where the risk increases significantly.
You should think carefully before continuing alone if there are:
Trusts involved
Inheritance tax complexity
Multiple properties or higher-value assets
Uncertainty over who inherits
Potential for family disagreement
In these situations, the risk is not just getting something wrong — it’s managing the consequences afterwards.
A solicitor can take responsibility, manage communication, and reduce pressure.
If you decide to go down this route, choosing the right firm matters. If you would like to speak with a firm of solicitors that I trust, you can request a call here.
When DIY Probate Is Often Sensible
On the other side, there are many estates where DIY works well.
Typically where:
The estate is straightforward
There’s a clear will
Beneficiaries are aligned
Assets are relatively simple
In these cases, probate can often be handled yourself — provided you follow a clear, structured approach.
If you would like a step-by-step guide to managing the probate and estate administration journey our Probate, Done Properly guide will walk you through the process.
Common Misunderstandings
“Probate is just filling in a form”. In reality, the application is only one part of the process.
“If nothing goes wrong, I’ll be fine”. Most issues come from things not being done in the right order.
“Using a solicitor removes all risk”. It reduces responsibility, but quality varies significantly.
“I have to use the solicitor named in the will”. You can usually ask them to step aside.
The Middle Ground Most People Miss
This doesn’t have to be all or nothing. Many executors handle most of the estate themselves but get support at key points.
For example, checking things before submission or getting clarity on more complex areas.
This often gives you the best balance between control and protection.
When Waiting Becomes Risky
Delay on its own isn’t usually a problem. But waiting without clarity can be. This is where expectations drift, tension builds, and uncertainty increases. At that point, continuing without a clear plan can create more risk than the original issue. If things feel like they’re drifting, it’s usually a sign to pause and reassess rather than push on.
Further Reading & Useful Links
FAQs
Do I have to use a solicitor for probate in England & Wales?
No. Executors can apply for probate themselves. The right approach depends on the complexity of the estate and your capacity to manage it.
Is probate difficult to do yourself?
It can be. The difficulty usually comes from the responsibility, time involved, and risk of small mistakes rather than just the legal side.
When is a solicitor worth the cost?
Typically where there is inheritance tax complexity, trusts, multiple assets, or potential for dispute.
Can I change my mind after starting probate myself?
Yes. Many executors begin themselves and later bring in support if needed.
What is the biggest risk of doing probate yourself?
Usually not one major mistake, but a series of smaller issues that lead to delay, confusion, or tension.
—James Long
Founder, Probate & Estate Support Hub