When someone dies leaving an estate that needs to be formally administered, their executor or next of kin does not automatically have to instruct a solicitor. In England and Wales, individuals are entitled to apply for the Grant of Probate (or Letters of Administration, if there is no will) themselves, directly through HM Courts and Tribunals Service.
What probate actually is
A Grant of Probate is the legal document confirming an executor’s authority to deal with a deceased person’s estate — closing bank accounts, selling or transferring property, and distributing assets according to the will. If there is no valid will, the equivalent document is called Letters of Administration, and the process is broadly similar but the rules on who is entitled to apply differ, following the rules of intestacy.
Do you actually need a grant at all?
Not every estate needs probate. Smaller estates, or those where assets are held jointly and pass automatically to a surviving co-owner, may not require a formal grant at all. Banks and other institutions often set their own thresholds below which they will release funds without seeing a grant — this varies by institution, so it is worth checking directly with each one holding assets before assuming a grant is required.
The steps to apply yourself
- Register the death and obtain the death certificate.
- Value the estate — every asset (property, savings, investments, personal possessions) and every debt (mortgage, loans, credit cards) needs to be identified and valued as at the date of death.
- Check Inheritance Tax. Even where no tax is ultimately due, most estates need a return submitted to HMRC confirming the position, before or alongside the probate application.
- Apply for the grant, online or by post, once the estate has been valued and any necessary Inheritance Tax steps completed.
The online probate service is the route gov.uk directs most applicants towards, and it is designed to be used without a solicitor, walking the applicant through the required information stage by stage.
Where a DIY application gets harder
Straightforward estates — a will exists, is unambiguous, the executor named is willing and able to act, and the assets are simple (a house, some savings, no business interests or trusts) — are generally the most realistic candidates for a self-managed application. Complexity tends to arise where:
- There is no will, and the rules of intestacy need to be worked through to establish who is entitled to apply and inherit.
- The estate includes business assets, overseas property, or trust interests.
- There is a dispute among family members about the will’s validity or the executor’s conduct.
- Inheritance Tax is due and the estate’s value needs careful calculation, including any reliefs or exemptions claimed.
In these situations, many people still choose to instruct a solicitor for some or all of the process, even though the law does not require it — the self-service route exists as an option, not an obligation.
Costs either way
There is a court fee for applying for the grant itself, payable whether or not a solicitor is involved, with an exemption for smaller estates below a set value threshold. What a solicitor’s involvement adds is professional fees on top of that court fee — sometimes charged as a fixed fee, sometimes as a percentage of the estate’s value — in exchange for handling the administration, correspondence and any complications that arise.
FAQs
Can more than one executor apply together?
Yes. A will can name multiple executors, and up to four can be named on the grant itself, though only one needs to actively apply in many straightforward cases, with the others reserving their power to act later if needed.
What happens if I get something wrong on a DIY application?
HMCTS will generally query missing or inconsistent information rather than reject an application outright, but errors can cause delay. Executors also take on personal responsibility for correctly administering the estate, which is a separate consideration from simply completing the grant application form correctly.
Is the process the same in Scotland or Northern Ireland?
No. Scotland uses a different system called “confirmation,” and Northern Ireland has its own probate office and rules. This guide covers England and Wales only.