Choosing to do probate yourself is a legitimate option in many estates and can save the family thousands of pounds in legal fees. It is also a serious commitment that brings legal responsibility, deadlines and several months of administrative work. Before you decide either way, you need an honest understanding of what is involved. Here we explain exactly what you need to know to do probate yourself, where the genuine pitfalls lie and the warning signs that mean you should pause and take professional advice before going any further.
Plain-English guide written by Simon Jenkins — covering every stage of the probate process.
What doing probate yourself actually involves
If you choose to do probate yourself you become the personal representative of the estate. That role is defined under the Administration of Estates Act 1925 and carries personal liability for errors. Your responsibilities include locating the will, identifying every asset and liability, valuing the estate as at the date of death, paying inheritance tax where due, applying for the grant of probate, collecting in the assets, paying debts in the correct statutory order and distributing what remains to the beneficiaries.
The Probate Registry application itself is straightforward enough for many estates. The harder work usually lies in the valuation, the tax forms and the months of correspondence with banks, pension providers, utility companies and beneficiaries.
The estates most suitable for DIY probate
You can usually do probate yourself when the estate is small, the will is clear, there are no disputes and inheritance tax is not in play. Typical examples include a surviving spouse handling the estate of a partner where most assets pass automatically, or an adult child administering a parent’s estate that consists of a single bank account and a modest pension.
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When DIY probate becomes a false economy
Some estates look simple from the outside but are not. The most common traps are an inheritance tax liability that the family did not realise existed, jointly owned property held as tenants in common rather than joint tenants, a pension with discretionary death benefits that affect the tax position, or a beneficiary under eighteen which triggers trust obligations under the Trustee Act 2000.
Other warning signs include a will that has been amended by hand, a marriage or divorce after the will was signed, a family member who is hinting at a challenge under the Inheritance (Provision for Family and Dependants) Act 1975, or any foreign property. In these cases the cost of a probate solicitor is far lower than the cost of getting it wrong.
Inheritance tax — where most DIY mistakes happen
The 2026 inheritance tax nil-rate band remains £325,000 with up to a further £175,000 residence nil-rate band, giving a combined maximum of £500,000 per person. Anything above that is taxed at 40%. The forms IHT205 and IHT400 are not intuitive and the deadlines are strict — inheritance tax must be paid within six months of the end of the month of death or interest begins to accrue.
The Inheritance Tax Act 1984 governs the rules on lifetime gifts, business property relief, agricultural relief and the transferable nil-rate band. Each of these is a place where executors regularly under-claim and pay more tax than they needed to. Our guide to probate costs explains how professional fees compare to potential tax savings.
Practical steps if you want to try yourself
Start by writing down every asset and liability you know about, then send a death certificate to each provider and ask in writing for a date-of-death balance. Open a separate executor bank account. Keep every receipt. Use the GOV.UK probate fee calculator — the court fee is £300 for estates over £5,000 and nil below that. Set aside a folder for each beneficiary so the eventual distribution is easy to evidence.
If at any point the work begins to feel unmanageable, you can instruct a solicitor partway through. We frequently take over from executors who began the work themselves and reached a point where they needed support. You can read more on the probate process in our dedicated cluster page.
Frequently Asked Questions
How do I transfer property after death of a joint owner?
For joint tenants, the survivor sends form DJP and a death certificate to the Land Registry. The Registry updates the title within two to four weeks. No probate is needed.
Do I need probate to transfer property after death?
You need probate where the deceased owned the property in their sole name or as tenants in common. You do not need probate where the property was held as joint tenants with another surviving owner.
How long does it take to transfer property after death?
A survivorship registration takes two to four weeks. A transfer requiring a grant of probate takes as long as the grant plus a further four to six weeks at the Land Registry.
Is stamp duty payable when property is transferred after death?
A pure inheritance is exempt from Stamp Duty Land Tax. Stamp duty may apply if the beneficiary takes on a mortgage or pays cash to other beneficiaries to buy out their share.
What is the Land Registry fee to transfer property after death?
Survivorship registrations are free. Transfers requiring a grant of probate are charged on a scale by value, typically between £40 and £455 depending on the property value in 2026.
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Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)
