Can you apply for probate without a solicitor?
Yes. In England and Wales, you can apply for a Grant of Probate or Letters of Administration directly through HM Courts & Tribunals Service (HMCTS) without using a solicitor or probate specialist. HMCTS provides an online application service as well as paper forms.
If there is a Will, you use form PA1P. If there is no Will, you use form PA1A. Both are available on the GOV.UK website. You will also need to complete the relevant HMRC inheritance tax form — IHT205 for excepted estates (below the IHT threshold) or IHT400 for larger, more complex estates.
What does the DIY probate process involve?
Applying for probate yourself involves several distinct tasks:
- Registering the death and obtaining the death certificate (at least five copies)
- Locating the original Will and any codicils
- Notifying banks, pension providers, insurers and government departments of the death
- Valuing all assets in the estate — property, bank accounts, investments, personal possessions
- Identifying and listing all debts — mortgage, credit cards, utility bills, loans
- Completing the HMRC inheritance tax return (IHT205 or IHT400)
- Paying any IHT due before submitting the probate application
- Submitting the PA1P or PA1A application to HMCTS with the original Will
- Swearing an oath or making a statement of truth
- Collecting assets, paying debts and distributing the estate once the Grant is received
When DIY probate is practical
DIY probate works well for straightforward estates. If the estate is modest in value, consists primarily of cash in bank accounts, has no property to sell, has no inheritance tax liability, and has a small number of beneficiaries who all agree on the distribution — applying yourself is perfectly viable and can save significant professional fees.
Many people successfully handle probate for a parent or spouse with a simple estate and find the process manageable, particularly with the online application service.
When you should use a probate specialist
Certain circumstances make professional help strongly advisable:
- The estate includes property — particularly if it needs to be sold during probate
- The estate is above the inheritance tax threshold (£325,000 net, or £500,000 if a residential nil-rate band applies)
- There are overseas assets, shares, business interests or complex investments
- A family member is contesting the Will or the way the estate is being administered
- The deceased died intestate (without a Will) and the next of kin is unclear
- There are multiple beneficiaries with conflicting interests
- The IHT400 return applies — this is a complex 20+ page document with numerous schedules
Comparing the costs
The main appeal of DIY probate is cost saving. You pay the £273 HMCTS fee and any ancillary costs (such as valuations and statutory notices) but avoid solicitor fees, which typically range from £2,000 for simple estates to 2–3% of the estate value for complex ones.
However, errors in the IHT return or probate application can be expensive — both in terms of HMRC penalties and the time cost of corrections. For larger or more complex estates, the cost of a specialist is often recovered through legitimate IHT savings and the avoidance of costly mistakes.
