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DIY Probate in England – Understanding the Risks

12 November 2025

When a loved one passes away, their estate which may include property, money, and possessions usually needs to be administered through a legal process known as probate.

In England and Wales, probate confirms that a will is valid and gives the appointed executors the authority to deal with the deceased’s assets and distribute them according to their wishes.
If there is no will, a similar process applies through what’s known as letters of administration.

While many families choose to instruct a solicitor to handle probate, it is possible to apply directly to the courts without legal assistance, a route often referred to as “DIY probate.” Although this may appear to save money at first glance, there are several risks that executors should understand before proceeding.

What Is Probate?

Probate is the official legal confirmation that allows executors to manage the deceased’s estate. Without a grant of probate (or letters of administration if there is no will), most banks, building societies and financial institutions will not release funds or transfer property.

The process is governed primarily by the Non-Contentious Probate Rules 1987 and the Administration of Estates Act 1925. Applications are made through the HMCTS Probate Service, either online or by post.
If the estate is valued over £5,000, the current HMCTS application fee is £300; there is no fee for estates worth £5,000 or less.

Why Some People Attempt DIY Probate

There are two main reasons people consider handling probate themselves:

• To save costs – avoiding professional legal fees.
• Perceived simplicity – believing the estate is straightforward enough to manage without expert help.

However, even seemingly simple estates can conceal complex legal and tax issues, and mistakes can prove expensive and stressful to resolve.

The Risks of DIY Probate

1. Misunderstanding Inheritance Tax (IHT)

Executors are personally liable for ensuring inheritance tax is correctly calculated and paid. The rules governing IHT are complex, with various allowances, exemptions and reliefs.
Errors can result in penalties, interest, or overpayment, and HMRC holds executors personally responsible.

2. Misinterpreting the Will

Wills often contain legal terminology or clauses that are not easily understood. Misreading these provisions can lead to incorrect distributions or even disputes among beneficiaries.

3. Failing to Identify All Assets and Debts

Executors must locate all assets and liabilities before distributing the estate. Missing debts, or paying beneficiaries too soon, can make an executor personally liable for any shortfall.

4. Property-Related Complications

Where property is involved, there may be mortgages, joint ownership issues, or unclear title deeds. Resolving these matters frequently requires professional legal advice.

5. Disputes Between Beneficiaries

Without independent oversight, beneficiaries may question how the estate is being managed. DIY probate can increase the risk of family disputes and claims against the executor for breach of duty.

6. Executor’s Personal Liability

Executors bear personal responsibility for every aspect of the estate’s administration. Even unintentional mistakes can result in financial loss or legal consequences.

When DIY Probate May Be Less Risky

DIY probate may be manageable if:

• The estate is small and below most institutions’ probate thresholds.
• There is no property to sell or transfer.
• There are few beneficiaries, and all are in agreement.
• There are no tax liabilities or foreign assets.

Even in these cases, it is important to follow the official government guidance carefully and seek advice if any uncertainty arises.

Balancing Cost and Risk

While solicitor fees can seem like an additional expense, professional legal support often saves time, reduces stress, and prevents costly mistakes. A probate solicitor can:

• Handle the entire process with HMRC and the Probate Registry.
• Ensure the estate is administered in accordance with the law.
• Protect executors from personal liability.
• Provide clear, impartial advice in sensitive family situations.

Probate is an essential legal process that requires accuracy, transparency, and careful attention to detail. Although DIY probate is possible, the risks can quickly outweigh the savings especially when estates are more than straightforward.

If you are an executor or family member facing the probate process, it is always wise to seek independent legal advice. A solicitor can ensure the estate is handled correctly and that you, as executor, are fully protected.

Our experienced probate team can guide you through every stage of estate administration, from obtaining the grant to distributing assets.
 

We offer clear, practical advice and transparent pricing to help you make informed decisions with confidence.

Get in touch today to discuss your situation and find out how we can help.

 

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