Deciding whether you need a probate solicitor is one of the first practical questions families face after a bereavement. The honest answer is that it depends on the size and complexity of the estate, your confidence in handling official paperwork, and the time you have to give to the task. Some estates can be administered by a capable executor working alone. Others involve inheritance tax, disputed assets, foreign property, business interests or family disagreements that quickly outgrow what one person can sensibly manage. Here we explain exactly what you need to know so you can make an informed decision rather than a guess.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What a probate solicitor actually does
A probate solicitor takes responsibility for the legal and administrative work that follows a death. That includes identifying and valuing assets, settling debts, preparing the application for the grant of probate or letters of administration, completing HMRC inheritance tax forms, dealing with the Probate Registry, transferring property and finally distributing the estate to the beneficiaries.
The work is governed by the Administration of Estates Act 1925 and, where there is a will, the Wills Act 1837. Executors are personally liable if they distribute the estate incorrectly. A solicitor’s role is partly to do the work and partly to absorb that liability through professional indemnity insurance.
We also advise on the practical decisions that fall to executors. When should a property be put on the market? Is an asset worth obtaining a formal valuation for? Should beneficiaries receive an interim distribution? These judgements benefit from an experienced second opinion.
When you probably can manage without one
Some estates are genuinely straightforward. If the deceased left a clear and valid will, owned no property, had modest savings in one or two accounts and the total estate is well under the inheritance tax threshold, a competent executor can usually handle probate alone using the GOV.UK probate service.
Equally, if everything passed automatically to a surviving spouse through joint ownership, you may not need a grant at all. We explore this further in our guide on estate administration.
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When a probate solicitor is strongly advisable
Certain situations almost always justify professional help. These include estates over the £325,000 inheritance tax nil-rate band, estates that include a business, agricultural land or foreign assets, blended families with potential Inheritance (Provision for Family and Dependants) Act 1975 claims, missing beneficiaries, and any case where the will itself is unclear or under challenge.
The 2026 inheritance tax thresholds remain at £325,000 nil-rate band and up to £175,000 residence nil-rate band, giving a combined maximum of £500,000 per person before the 40% rate applies. Calculating whether and how those allowances apply, including any transferred allowance from a deceased spouse, is exactly the kind of work where mistakes cost the estate real money.
The cost question
Probate solicitors charge in different ways. Some charge a percentage of the estate, which we consider outdated and rarely fair. We work on transparent fixed fees or hourly rates depending on the type of estate, and we always give a written estimate before any work begins. The current Probate Registry court fee is £300 for estates over £5,000 and nil for estates under that threshold.
You can read more about how charges work in our guide to probate costs. The key point is that a clear fee structure is a reasonable thing to expect from any solicitor you instruct.
How to decide
Ask yourself three questions. Is the estate likely to attract inheritance tax? Are the family relationships straightforward? Do you have the time and confidence to spend several months on the paperwork? If you answer no to any of these, a free initial conversation with a solicitor is worth having before you commit either way.
Frequently Asked Questions
Do I always need a probate solicitor to get a grant of probate?
No. If the estate is small, well documented and uncontested you can apply directly through the GOV.UK probate service. A probate solicitor becomes valuable when the estate involves inheritance tax, property, business assets or family disagreement.
How much does a probate solicitor cost in 2026?
Fixed fees for straightforward estates typically start around £1,500 plus VAT and disbursements. More complex estates are usually charged on a clearly capped hourly basis. We give a written estimate before starting work so you are never surprised.
Can I instruct a probate solicitor just for part of the work?
Yes. Many of our clients handle the day-to-day correspondence themselves and ask us only to prepare the tax forms and probate application. This hybrid arrangement keeps costs down while protecting you against the most technical mistakes.
What happens if a probate solicitor makes a mistake on my behalf?
A regulated probate solicitor carries professional indemnity insurance which protects the estate if an error causes loss. This insurance is one of the main reasons families instruct a solicitor rather than going it alone.
How quickly can a probate solicitor start work?
We can usually open a file within twenty-four hours of being instructed. The earliest practical steps are gathering the death certificate, the original will and a list of known assets and liabilities.
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📊 Get Fee EstimateIf you are unsure whether your situation calls for a probate solicitor, the simplest next step is a brief conversation with us. Call our team on 0800 214 216 for a same day callback, or read more about the probate service we offer.
Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)
