Do you need a solicitor for probate?

You don’t always need a solicitor

There is no legal requirement to use a solicitor for probate in England and Wales. Many executors successfully administer straightforward estates themselves — saving between £2,000 and £10,000 in professional fees.

Whether a solicitor is needed depends on the complexity of the estate, not its size. A large but simple estate (e.g. a house, some savings, a clear will) can often be administered without professional help. A smaller but complicated estate (e.g. business interests, foreign assets, a contested will) may require specialist advice.

When you can probably manage without a solicitor

• The deceased left a clear, valid will naming you as executor
• All assets are in the UK and straightforward (property, bank accounts, investments)
• No IHT is due, or IHT is straightforward (no business property relief, no complex trusts)
• All beneficiaries are adults and in agreement
• There are no obvious disputes or challenges to the will
• The estate has no significant debts beyond mortgage and standard bills

If all of the above apply, tools like TidyEstate can guide you through the process and generate the required forms.

When you should consider a solicitor

• Contested will — someone is challenging the validity of the will or the deceased’s testamentary capacity
• Foreign assets — property or accounts held outside the UK require advice from lawyers in the relevant country
• Business interests — shares in a private company or a partnership can be complex to value and transfer
• Trusts — if the will creates a trust (e.g. for minor children or disabled beneficiaries), specialist advice is usually needed
• Complex IHT — if HMRC opens an enquiry into the estate’s values, or if there are gifts in the 7 years before death with complex implications, a tax adviser is valuable
• Missing beneficiaries — if a beneficiary cannot be found, you may need “missing beneficiary insurance” — a solicitor can advise on the process
• Insolvent estate — if debts exceed assets, the order of payment is legally prescribed and mistakes can expose you personally to liability
• Claims under the 1975 Act — if someone who was financially dependent on the deceased is not adequately provided for, they may claim against the estate

What does a solicitor cost?

Probate solicitors typically charge either:

• A percentage of the gross estate value — commonly 1–3% plus VAT. For a £400,000 estate, that’s £4,000–£12,000.
• Hourly rates — typically £200–£400 per hour for a solicitor, £100–£200 for a paralegal.

Some solicitors offer a fixed-fee service for straightforward grants of probate only — this can be good value if you handle the rest yourself.

The hybrid approach

You don’t have to choose between doing everything yourself or handing everything to a solicitor. A common approach:

1. Use TidyEstate for the estate profile, IHT calculation, and form generation
2. Use a solicitor only for specific complex elements (e.g. foreign property, a trust, or a dispute)

This can significantly reduce professional fees while ensuring you get expert help where it’s genuinely needed.

TidyEstate’s solicitor panel

If TidyEstate detects complexity flags in your estate (foreign assets, business interests, trust provisions, or a contested will), we’ll show a clear warning and recommend you speak to a regulated probate solicitor. You can find one through the Law Society’s Find a Solicitor service.