Do you need a solicitor for probate? What it involves and what it costs

Probate is the legal right to deal with a person's property, money and possessions (their estate) after they die. You do not need a solicitor to apply for it, and some estates need no probate at all. The decision comes down to what the person owned, how many people are involved and whether any tax is due. This guide covers England and Wales, with figures checked on 11 October 2026.

When you may not need probate at all

GOV.UK tells you to contact the financial organisations the person used, such as their bank and mortgage company, because each has its own rules about when it will release assets without probate. You may not need it if the person who died:

• only had savings (each bank or other holder sets its own rules on what it will release without probate)
• owned shares or money jointly with others, which pass to the surviving owners unless agreed otherwise
• owned land or property as joint tenants, which also passes automatically to the surviving owners

Who can apply, and what the court charges

If there is a will, the executors named in it can apply. If there is no will, the closest living relative can. The probate fee page gives these court fees:

You may be able to get help with the fee if you are on a low income or certain benefits. These are court fees only. Any solicitor's charges, valuation costs and other expenses are separate.

What the work involves

Before you apply you must value the estate and work out whether Inheritance Tax is due. Gov.uk says valuing an estate can take several months, longer if it involves trusts or tax. Key points from that guidance:

• GOV.UK's Inheritance Tax guide gives the standard threshold as £325,000 and the standard rate as 40% on the part above it. Reliefs and exemptions can change this.
• The valuation guide says that if tax is due you must report the value within one year using form IHT400. You cannot apply for probate until you have done so.
• It also says tax must be paid by the end of the sixth month after the death to avoid interest.
• Even where no tax is due, you need the estimated value for your application.

If the estate includes a house to sell, see how conveyancing costs break down. After probate is granted, the personal representative is responsible for the estate's assets until they reach the beneficiaries. That can include paying debts, selling assets, paying Income Tax on things like rental income and Capital Gains Tax on sales, and reporting the estate's value, income and tax liability to HM Revenue and Customs.

When a solicitor is worth considering

Gov.uk says you can get professional legal advice, such as from a solicitor, to deal with any estate, and that you should consider it if the estate has a lot of assets or includes things like trusts. Points where the paperwork can stop being routine include:

• a will that is hard to understand, or an original will that cannot be found (GOV.UK points to form PA13 for a lost original)
• more than one executor, where you must all agree who applies
• a dispute about who can apply or whether there is a will, which GOV.UK says can be challenged by entering a caveat before probate is granted
• Inheritance Tax to pay, where reporting and payment deadlines apply

None of these means you must use a solicitor. They are signs that the estate may need more than a standard application.

What solicitors charge, and what their quote should show

No source we opened publishes a typical solicitor's fee for probate, so we do not quote one. The SRA requires firms that offer uncontested probate to publish price and service information, so the figure is on their websites. Its transparency rules say that includes the basis of the charges (any hourly rate or fixed fee), likely disbursements, whether VAT is included, what is and is not covered, key stages and timescales, and the qualifications and experience of the people doing the work. The SRA's advice for the public notes you will still need to agree specific costs when you instruct a firm, and that the published-price requirement does not cover every area of law.

Questions worth asking:

1. Does the price cover only obtaining the grant, or the whole administration of the estate, including paying debts and distributing assets?
2. Is it a fixed fee or hourly, and is VAT included?
3. Which costs will be added on top, such as the court fee and any valuations?
4. Who will do the work, and who supervises them?
5. What happens to the price if the estate turns out to be more complicated than first thought?

Tax on the estate

An estate can owe tax on income and sales that happen after the death, and the personal representatives are responsible for reporting it. If the estate has rental income, investments or assets to sell, an accountant who handles estate accounts and tax returns can sit alongside the solicitor. MyLocalAccountants.uk, another directory in our network, lists accountants by area. Ask whether they prepare estate accounts and tax returns for personal representatives.

Check the firm, and know how to complain

Search the Solicitors Register to confirm a firm is regulated. If you are unhappy with the service, complain to the firm first. The Legal Ombudsman says the firm has up to eight weeks to respond, after which you can bring the complaint to the Ombudsman, generally within one year of the problem or of you finding out about it and within six months of the firm's final response. You can browse SRA-regulated firms by wills and probate or by city.

Questions people ask

Can I apply for probate myself?

Yes. Executors named in a will, or the closest living relative where there is no will, can apply online or by post. Gov.uk sets out the steps in its applying for probate guide.

Is probate the same in Scotland and Northern Ireland?

No. Gov.uk notes that there are different probate rules in Scotland and in Northern Ireland, so this guide applies to England and Wales only.

Does every estate pay Inheritance Tax?

No. There is normally no Inheritance Tax to pay if the estate is below the £325,000 threshold or if everything above it goes to a spouse, civil partner, charity or community amateur sports club. You may still need to report the value.