DIY Probate vs Using a Solicitor

When someone close to you dies, dealing with their estate can feel overwhelming. One of the first decisions many families face is whether to handle probate themselves, or ask a solicitor to help. Both options are possible, but each comes with different responsibilities, risks and costs.

At Hibberts, we regularly advise executors and families who are unsure whether to choose DIY probate or professional support. This page explains the differences so you can decide what is right for you, and how we can help if you decide to instruct a solicitor.

What Is DIY Probate?

DIY probate means that the executors or next of kin deal with all of the paperwork and practical tasks involved in administering the estate themselves, without instructing a solicitor.

This usually involves:

• gathering information about the estate
• valuing assets and debts
• completing inheritance tax forms
• applying for the Grant of Probate or Letters of Administration
• collecting in money and closing accounts
• selling or transferring property
• paying debts, tax and expenses
• preparing estate accounts and distributing the estate

Some estates are relatively straightforward and can be managed by executors who have the time, confidence and attention to detail to handle the process themselves. Others are more complex and benefit from legal advice.

When DIY Probate Might Be Suitable

DIY probate may be appropriate where:

• the estate is small and simple
• there is a valid will with no expected disputes
• there is no inheritance tax to pay
• assets are limited to a few bank accounts and personal possessions
• all beneficiaries get on well and agree on the arrangements
• the executors have time to deal with paperwork and deadlines

Even in these cases, many people still choose to ask a solicitor to help with the probate application or tax forms to make sure everything is done correctly.

The Risks and Challenges of DIY Probate

Probate can be more complicated than it first appears. Common difficulties with DIY probate include:

• underestimating the time and effort involved
• struggling with inheritance tax forms and HMRC requirements
• missing important deadlines or making errors on paperwork
• overlooking assets or debts
• distributing the estate too early before all liabilities are known
• not keeping adequate records or estate accounts
• finding it difficult to manage disagreements between beneficiaries

Executors can sometimes be held personally liable for mistakes, even if they are honest ones. This is one of the main reasons why many people decide to use a solicitor, especially for larger or more complex estates.

Using a Solicitor for Probate

When you instruct a solicitor, you still remain in control as executor, but you have professional support to make sure the estate is dealt with correctly and efficiently.

At Hibberts, we can:

• advise you at the outset on whether probate is needed
• prepare and submit the probate application on your behalf
• complete inheritance tax forms and liaise with HMRC
• contact banks, investment providers and other organisations
• collect in assets and handle property matters
• prepare estate accounts
• manage the full estate administration if you prefer not to do it yourself

We also advise on complex estates, such as those involving business interests, trusts, foreign assets or potential claims against the estate.

When Professional Probate Help Is Strongly Recommended

Using a solicitor is particularly advisable where:

• the estate is large or complex
• there may be inheritance tax to pay
• there are business assets, trusts or foreign property
• beneficiaries do not get on, or disputes are likely
• the will is unclear or may be challenged
• an executor feels unable to manage the responsibility alone

In these situations, professional advice can save time, reduce stress and help avoid costly mistakes or disputes.

Comparing DIY Probate and Using a Solicitor

The choice between DIY probate and using a solicitor will depend on your confidence, the time you have available, and the complexity of the estate. In very simple cases, doing it yourself may be a sensible option. In more complex estates, using a solicitor often proves more cost-effective in the long run.

Many clients choose a middle ground: they ask us to handle the probate application and tax paperwork, while they deal with the more practical day-to-day tasks.

Costs and Fees

We understand that cost is an important factor in deciding whether to instruct a solicitor. At Hibberts, we aim to be open and transparent about our fees.

Depending on the level of support you choose, we can usually offer:

• a clear estimate or fixed fee for the probate application and inheritance tax forms
• a separately agreed fee structure for full estate administration, tailored to the complexity and value of the estate

We will explain our fees clearly at the outset, confirm them in writing, and keep you updated throughout the process.

Why Choose Hibberts for Probate?

• Experienced probate solicitors dealing with estates of all sizes
• Local offices across Cheshire, including Nantwich, Crewe, Tarporley and Whitchurch
• Clear, practical advice without legal jargon
• Flexible options from one-off advice to full administration
• Supportive, approachable team during a difficult time

Not Sure Which Option Is Right for You?

If you are deciding between DIY probate and using a solicitor, we can talk you through your options so you can make an informed choice.

Contact Hibberts today by phone or complete our online enquiry form and we will get back to you promptly to discuss how we can help.

FAQs

Is DIY probate cheaper than using a solicitor?
DIY probate may seem cheaper at first, but it can become costly if mistakes are made or tax is not dealt with correctly. We can explain likely costs and help you compare your options.

Can I start with DIY probate and then ask for help later?
Yes. Many executors begin the process themselves and then ask us to help with specific stages or to take over the administration when things become more complex.

Will I lose control if I use a solicitor?
No. You remain the executor and decision-maker. Our role is to advise you, handle legal and administrative work, and help ensure everything is done properly.

Can you just help with the probate application?
Yes. We can offer a limited service where we deal with the application and tax forms, and you manage the remaining tasks yourself.