Considering DIY Probate?
Everything You Need to Know Before You Start

• DIY probate can save money, but comes with legal and personal risks.
• Executors are legally responsible for valuing the estate, paying debts and taxes, and distributing assets correctly.
• Mistakes can lead to personal liability, even years later. DIY executors cannot insure against errors or omissions.
• Simple estates may be suitable for DIY, but complex ones should involve a solicitor.
• Tools like asset searches, Will searches, and insurance can help manage risks.
• You remain personally liable even with insurance, only solicitors carry professional indemnity protection.
• Insurance for property and protection against third-party claims is essential. DIY executors cannot insure against errors or omissions.
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Probate is the legal process of handling someone's estate, property, money, and possessions after they die. If there's a will, the executor applies for a 'Grant of Probate.' Without a will, the next of kin applies for 'Letters of Administration.'

Read our What is Probate and When is probate required guides for more information.

According to GOV.UK, you can handle probate yourself if:

• You feel comfortable dealing with legal paperwork and financial details.
• The estate isn't overly complex—usually straightforward assets like bank accounts, personal belongings, and a home.
• You're able to dedicate the necessary time, as probate typically takes between 6-12 months to complete.

Doing probate yourself means taking full legal responsibility for:

• Locating the will and identifying assets and debts.
• Valuing the estate accurately, often involving professional valuations for property and valuable possessions.
• Completing inheritance tax forms (IHT205 or IHT400).
• Paying any inheritance tax due within six months of the death.
• Applying for a Grant of Probate or Letters of Administration through HM Courts and Tribunals Service (HMCTS).
• Distributing assets to beneficiaries after settling all debts and taxes.

Liability

Executors or administrators are liable for any errors or omissions in the process for life.  These risks cannot be insured against and carry significant liabilities.  If you are concerned about this you should consult a solicitor.

Complexity

Estates with multiple properties, foreign assets, or significant debts may require professional assistance.

Time Commitment

Probate administration can be time-consuming, involving communication with various institutions like banks, HMRC, and beneficiaries.

Pressure from Beneficiaries

Executors often face pressure from beneficiaries who are eager to receive their inheritance quickly. However, they may not understand the complexity and time commitment involved. Managing these expectations while ensuring legal compliance can be one of the most stressful aspects of DIY probate.

Advice from GOV.UK identifies the following steps:

1. Value the estate accurately.
2. Complete inheritance tax forms. Even if no tax is due, reporting might still be required.
3. Apply for probate online through GOV.UK or by post.
4. Settle debts before distributing remaining assets.
5. Prepare estate accounts clearly showing how assets were distributed.

Professional guidance from a probate solicitor or specialist is advisable if:

• The will or estate is complicated, disputed, or unclear.
• The estate is large, which can create a significant liability for you if mistakes, omissions or inadequate insurance is arranged.
• There are substantial debts or assets located abroad.
• You prefer peace of mind knowing a specialist is managing complex legal and financial obligations.

Here are your options:

• Assisted Probate DIY: Cheapest (but arguably the riskiest option). There are many providers online that will help you complete the probate application for the Grant of Probate or Letters of Administration.
• Assisted ‘Grant only’ Service: Many solicitors will offer what they call a Grant Only Service.  Which means you get expert guidance on valuing the estate and then submit the application for you.   They are insured for this through their professional indemnity insurance policy.  However, please note that any mistakes or errors made after the application has been sent are your responsibility

Of course, the best way to reduce your liabilities for errors or omissions is to appoint a Solicitor to provide full estate administration, whilst more costly, when you work out the time it would take you and the stress, it is usually worth it.

Although not all Solicitors are probate specialists. So do your research and check they have a reasonably sized probate team, as this will indicate they do enough of this to do a good job.

The following searches are useful risk management tools to help protect your liability. Some are an essential step before arranging insurance.

• You are responsible for identifying all the assets of the estate. Missing any can create a liability for you and would mean the estate is incorrectly valued.
• Gretel can help you track lost bank accounts, pensions, life insurance, trust funds and shares for free.

Visit the Gretel website to start the free searches required now.

• You are also responsible for identifying all the estate's liabilities.
• Section 27 Notices are obsolete with Section 27 Insurance and a Credit and Liability report, which provides better protection for all personal representatives and beneficiaries without the two-month waiting period.

You can get a free credit and liability search from either Experian or Equifax.

• Whether there is a Will or not, there is still a risk of another Will being discovered after the estate is distributed which can create significant liabilities for the personal representatives.
• Buying a Will Search Combined from the National Will Register will search their 10m + Wills database as long as contacting regional Solicitors and Will Writers to check for the existence of a Will.
• The search is a prerequisite for arranging Missing Will Insurance.

• As a private individual, you cannot insure yourself against errors or omissions. Solicitors can.
• Whether or not you appoint a solicitor, you remain liable for losses to beneficiaries due to a lack of insurance protection or claims from third parties, just as the solicitor may be.

To learn more, read: Executor Insurance Guide

• Rebuild Cost Assessment estimates that up to 80% of UK properties are underinsured.
• Your insurance must be based on the rebuild cost, not the market value or a best guess.
• Failing to insure for the correct rebuild cost can have serious consequences if the property is underinsured in the event of a claim. This can result in claims payments being significantly reduced, which can place legal liabilities on the Personal Representatives.
• If you are unsure, Insuristic can insure based on the number of bedrooms (max 4) and provide a blanket building sum insured up to £750,000. Provided this is enough to rebuild the property you will avoid underinsurance.  Although you should note, the cost of insuring on this basis will likely be higher than if you know the rebuild value.

You can arrange a rebuild valuation via BCH or get a quote on a blanket sum insured.

• Most policies require 7 to 14-day inspections and usually require written reports.
• Insuristic makes this easy by increasing this to 30 days, and no written reports are required. Instead, you can evidence each visit with two pictures taken with a mobile phone that we only need to see in the event of a claim.  One clearly showing the front of the property, and another shows any room inside.

If you're handling an unoccupied property during probate, be cautious about simply extending the deceased's existing home insurance.

While it may seem convenient, this can leave executors exposed to serious risks such as underinsurance, limited cover, or invalid claims due to non-compliance with policy conditions.

Unoccupied properties face elevated risks like theft, burst pipes, and vandalism.

Many standard policies reduce cover or impose strict requirements, such as weekly inspections, draining water systems, and turning off utilities. Failing to meet these conditions could result in rejected claims, with personal liability falling on the executor.

To understand these risks in more detail, read our article: The Risks of Extending Insurance for Unoccupied Probate Property.

Choosing the right property insurance for DIY Probate is crucial.

As we have already discussed, you cannot insure against any errors or omissions you make, but you are responsible for insuring all property in the estate and protecting the estate and beneficiaries from financial loss. This section covers the insurance you should consider.

• Occupants living in the property with the executors’ permission can be insured under a bespoke policy.
• Standard Home Insurance or Landlord Insurance (unless it was already in place for tenants) is usually unsuitable.
• It is likely you’ll need probate-specific occupied property insurance that enables insurance to be arranged in the name of the estate and covers people living there with no insurable interest.

To learn more or request a quote, visit our Occupied Probate Property Insurance page.

• Standard home insurance is often invalid once a property is unoccupied for over 30 days, or if they agree to continue cover, new policy conditions may be added that are difficult to comply with.
• Beware, many online policies are not designed to protect the liability of Personal Representatives. Cover can be basic (such as covering just Fire, Lightning, Explosion, Earthquake, Aircraft only – often called FLEEA Insurance).
• Insuristic’s policy has been designed to help Personal Representatives buy cover that provides broader protection of their liabilities.

Read our Home Insurance for Executors page to understand your liabilities.

Read our Probate House Insurance page to learn about the specialist cover available or to get a quote.

Whether you have appointed a solicitor or not, the executors or administrators can face substantial liability to third parties, such as:

• Inheritance Act 1975 Claims
• Unknown Creditors
• Legal challenges following the discovery of another Will
• A claim from a beneficiary that was unknown or couldn't be traced before the estate was distributed.

This section explains the legal indemnity insurance available to the executors that also provides lifetime protection from such claims.

• All solicitors recommend waiting 6 months (the statutory waiting period).
• This isn’t required if there are no known issues.  You can protect against Inheritance Act 1975 claims by buying Early Distribution Insurance.  

Learn about Early Distribution Insurance or get a quote.

• No need for expensive and unnecessary Section 27 Notices, which also avoids delaying the estates distribution by two months waiting for a Notice to expire.
• Section 27 Insurance offers broader, permanent protection for Personal Representatives and beneficiaries against unknown creditor claims.

Learn about Section 27 Insurance or get a quote.

• Whether there is a Will or not, there is always a risk that another Will will be found. Claims need to be defended and the costs if the claimant is successful are significant.
• In the absence of Insurance, Personal Representatives would be liable to pay the costs and estate value awarded to the successful claimant.

Learn about Missing Will Insurance or get a quote.

This cover is usually arranged in two situations:

1. The estate is intestate, and an unknown beneficiary may later come forward to make a claim.
2. There is a Will, but the Will includes vague terms (e.g. “all grandchildren”) or names a beneficiary who cannot be located, even after genealogy research.

Why this cover matters:

• Claims from unknown beneficiaries can be substantial.
• Without insurance, Personal Representatives are personally liable for any losses.
• This cover protects the Personal Representatives forever.

Learn more about Missing Beneficiary Insurance or get a quote.

Before deciding on DIY probate, carefully evaluate your available time, comfort level with legal and financial processes, and the complexity of the estate.

If you're confident in your abilities, DIY probate can be a cost-effective option. However, if you're unsure or uncomfortable with any aspect, consulting a probate solicitor may be the best route.

More questions?

• [Visit our Probate FAQ Page]
• [Visit our Probate Insurance FAQs page]

This guide is for general information only and does not constitute legal advice. If you’re unsure how probate law applies to your situation, we recommend speaking with a qualified probate solicitor. Find a Probate Solicitor here.