Probate is the legal process of dealing with a person’s estate after they die. While you can apply for probate yourself, many executors choose to use a solicitor to make sure everything is handled correctly, efficiently, and with minimal stress.
What you get out of using a solicitor is:
✔ Peace of mind
Probate involves legal documents, deadlines, and financial responsibility. A solicitor ensures the process is carried out correctly and in line with UK law, reducing the risk of mistakes.
✔ Protection from personal liability
Executors are personally responsible for errors, such as:
- Incorrect distribution of assets
- Missing creditors
- Underpaying inheritance tax
A solicitor helps protect you from personal financial risk.
✔ Correct handling of inheritance tax (IHT)
Solicitors can:
- Calculate inheritance tax accurately
- Apply available exemptions and reliefs
- Ensure HMRC deadlines are met, avoiding penalties and interest
This is especially important where property or higher-value estates are involved.
✔ Faster, smoother process
A solicitor deals with:
- The probate application
- HMRC and the Probate Registry
- Banks, insurers, and asset holders
This helps prevent delays and keeps the estate moving forward.
✔ Help with complex estates
Using a solicitor is strongly recommended if the estate includes:
- Property (especially multiple or overseas properties)
- A business or farm
- Trusts or significant investments
- Disputes or unclear wills
✔ Reduced stress during a difficult time
Administering an estate can be time-consuming and emotionally draining. A solicitor takes on the legal burden so you can focus on family and personal matters.
✔ Clear, impartial communication
A solicitor acts as a neutral professional, helping avoid misunderstandings or disputes between beneficiaries.
DIY probate vs using a solicitor (UK)
| DIY Probate | Using a Solicitor |
| Suitable only for very simple estates | Suitable for all estates |
| Executor responsible for all errors | Legal risk significantly reduced |
| Time-consuming paperwork | Paperwork handled professionally |
| Risk of delays or rejection | Faster, more efficient process |
| No legal guidance | Expert advice throughout |
Please get in touch if you would like to speak to our Private Client team for more information by using the ‘Ask Us A Question’ box to the right or alternatively :–
Telephone – 0121 553 3286 or email reception@baches.co.uk
