Should You Be Doing Probate Yourself?

If you’re the executor or next of kin of someone who’s passed away, one of your first questions may be: is it sensible to be doing probate yourself or hire a solicitor?

It’s a crucial decision with significant legal, financial, and emotional implications.

This guide will help you understand when DIY probate is appropriate—and when it might be risky.

When Might Doing Probate Yourself Be Suitable?

You may be able to manage probate yourself if:

• The estate is straightforward (e.g. one property, bank accounts, no debts).
• You feel confident dealing with legal paperwork and financial admin.
• You have enough time and patience to navigate the process, which typically takes 6–12 months.
• There are no disputes or complex tax issues.

In these situations, doing probate yourself could save the estate solicitor’s fees.

You can apply for Probate online via the .GOV website.

When to Think Twice About Doing Probate Yourself

DIY probate might not be the right choice if:

• The estate includes overseas assets, trusts, or multiple properties.
• There are potential disputes between family members or beneficiaries.
• There are significant debts, or the estate might be insolvent.
• The will is unclear, contested, or missing.
• You feel overwhelmed, under time pressure, or uncertain about your responsibilities.

Even if you begin probate yourself, you can still consult a solicitor at any point for advice.

Risks You Need to Know

DIY probate may seem manageable at first, but executors are personally liable for mistakes. These might include:

• Incorrect valuations or tax submissions
• Distributing assets too early
• Failing to identify all creditors or beneficiaries
• Not complying with insurance requirements for unoccupied property

Unlike solicitors, private individuals cannot insure against errors or omissions. If something goes wrong, you may be held financially responsible.

Questions to ask yourself and other executors

Ask yourself the following:

• Can I dedicate several months to handling the estate?
• Am I confident in reading and completing legal forms?
• Do I understand what the various Asset and Liability Searches that I need to do are?
• Is the estate simple, with no potential for family conflict?
• Do I understand the tax and legal responsibilities involved?
• What is my relationship like with the beneficiaries? Am I confident they won’t put me under a lot of stress or challenge how I am doing things?
• Is there a Will? Rules of intestacy can be very complex

If you answered “no” to any of these, it’s worth seeking advice before proceeding.

In addition, if the answer to these is yes you should seek advice:

• Is there likely to be any executor conflict of interest?
• Is there any hint of contentious probate, such as when a dependent has been excluded from a Will? Even where there is a letter from the testator explaining the decision Inheritance Act 1975 Claims can occur.

Final Thought – Should You Be Doing Probate Yourself?

You don’t need to choose between full DIY or full solicitor-led probate. There are other options, like a grant-only application service provided by a solicitor, or if you are concerned about your liability they will also do everything (sometimes except insurance) under a full estate administration service.

The right choice depends on the estate’s complexity, your capacity, and your appetite for risk.

Read our full DIY Probate Guide here

New to Probate? Understand your risks and liabilities

The following pages provide further information:

• Insuring an Empty House in probate
• Insuring an Empty House after the death of the owner
• Arranging Executor Home Insurance – understanding your liabilities
• Insuring an occupied property during probate
• Executor Insurance Guide – which also explains the cover you can arrange to protect yourself against third party claims.

More questions?

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

This article provides general information only and should not be taken as legal advice. For specific probate guidance, please consult a qualified probate solicitor. Find a Probate Solicitor here.

Don’t Overlook the Risk of a Contentious Probate Claim, or Miss the Warning Signs

As an executor or administrator, you can be personally liable for defending claims and covering losses if you don’t have Probate Insurance, even when the claim is made against the estate, not directly against you.

Contentious probate isn’t limited to courtroom battles; it often begins with disagreements over who inherits, how the estate is handled, or whether the Will is valid.

These situations may involve someone being left out of the Will, a dispute over how much someone should receive, concerns about how the Will was created, or confusion when no Will exists. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 are particularly common.

Such disputes can delay the probate process, increase costs, and expose executors to personal liability. It’s far better to identify and address potential risks early, before they escalate.

Arrange a FREE consultation with a Contentious Probate Solicitor.
They’ll assess your situation, confirm whether a claim is unlikely (which may help you qualify for Early Distribution Insurance), or provide expert guidance on how to protect both yourself and the estate.

Book Your Free Consultation