Probate Options – The Probate Department

You can deal with an estate yourself, pay for help with particular tasks, or appoint a professional to handle the administration.

The right choice depends on the estate, your circumstances and how much responsibility you feel able to take on.

First, establish what needs doing

Before choosing a service, check who is entitled to act and whether a grant is needed.

Where there is a Will, the named executors will normally take responsibility. Without a Will, legal rules determine who can apply to administer the estate and who inherits.

Not every estate needs a grant. The requirements depend on the assets and how they were owned. Organisations holding the deceased’s money can explain what they require before releasing it.

Obtaining the grant and administering the estate are different tasks

A grant of probate confirms the executors’ authority. Where there is no Will, the appropriate grant will usually be letters of administration.

Estate administration is the wider work. It can include:

Identifying assets, debts and beneficiaries.
Obtaining valuations and establishing the tax position.
Applying for the grant, where required.
Collecting assets and dealing with property.
Paying debts, expenses and tax.
Preparing estate accounts.
Distributing the estate to those entitled to it.

A service that obtains the grant may leave the remaining administration to you.

Option 1: Deal with the estate yourself

You do not have to employ a solicitor simply because probate is required. If you are entitled to apply, you can make the application yourself.

This may be practical where the estate is straightforward and you have the time and confidence to manage the work.

Points to consider

Are you comfortable dealing with paperwork, figures and official correspondence?
Can you keep clear records and explain your decisions?
Do you understand the Will, or the inheritance rules where there is no Will?
Can you identify when a question needs professional advice?
Do your health, work and family commitments leave enough time?

There are application fees and other possible expenses even when you do the work yourself.

Executors and administrators can be personally liable for some mistakes. Taking advice on an uncertain point may help prevent a more serious problem later.

GOV.UK: applying for probate

Option 2: Get help with particular tasks

You can handle the administration while paying a suitable professional for advice or a defined piece of work.

Examples include interpreting a Will, dealing with a tax question, advising on a trust or reviewing estate accounts.

This approach allows you to retain control of the routine work while obtaining expertise where needed. However, not every provider offers separate advice or limited services.

Agree the boundaries in writing. Establish what the professional will check and what remains your responsibility. Advice on one issue does not mean that the whole estate has been reviewed.

Option 3: Use a grant-only service

A grant-only service usually prepares and submits the application. You remain responsible for the work outside the agreed service.

The amount of preparation included varies between providers. Some rely on figures you supply; others undertake additional checks or tax work.

Ask:

Who identifies and values the assets and debts?
What tax advice and reporting are included?
Who deals with questions raised by HMRC or the Probate Registry?
What happens if an unexpected complication arises?
What will you need to do after receiving the grant?

Choose this option only if you are comfortable completing the remaining administration.

Option 4: Appoint a professional for estate administration

A professional can undertake most of the administration on behalf of the executors or administrators.

This may be appropriate where the estate is complicated, you live far away, or you do not wish to manage the work yourself.

Delegating the work does not necessarily mean giving up your role as executor. A professional acting for you is different from a professional who is themselves appointed as executor.

Check what “full administration” includes

The service may cover the grant, tax work, collecting assets, paying liabilities, preparing accounts and arranging distributions.

Property sales, clearance, maintenance, disputes and specialist work may be separate. Ask who will arrange these tasks and how they will be charged.

You should also establish how often you will receive updates and which decisions require your approval.

If a professional is named as executor

A firm merely storing the Will does not automatically have the right to administer the estate.

If the Will actually appoints a professional executor, discuss their role and charges with them. Do not assume that appointing another adviser removes the named executor.

Obtain independent advice if there is disagreement about their involvement.

Choosing a probate provider

Solicitors and other probate practitioners offer different levels of service. Compare their experience, availability, protections and suitability for the estate.

Experience: Have they dealt with estates involving similar issues?
Responsibility: Who will handle the work and supervise it?
Communication: How will updates be provided, and who answers questions?
Regulation: Which regulator, if any, oversees the provider and the work being offered?
Insurance: What professional indemnity cover applies?
Complaints: What complaints procedure and independent redress are available?

Check regulatory claims directly with the relevant regulator. Do not assume that every business using the word “probate” offers the same protections.

A personal recommendation can be useful, but it is still sensible to check the proposed service and terms yourself.

Understanding probate fees

Fees may be fixed, charged by the hour, based on estate value, or calculated using a combination of methods.

No charging method tells you, by itself, whether a service represents good value. The important questions are what work is covered and how the final bill will be calculated.

Before agreeing to proceed

Ask whether the amount is a fixed quotation or an estimate.
Check whether VAT is included.
Request details of third-party costs.
Ask what circumstances could increase the charge.
Check whether tax returns, property work and trusts are included.
If a percentage applies, establish exactly which asset values are used.
Ask when payment is due and who is responsible for paying.
Make sure you understand the cancellation and termination terms.

Compare quotations covering the same work. A grant-only fee cannot usefully be compared with a fee for administering the whole estate.

Reasonable expenses properly incurred in administering an estate can generally be paid from estate funds. If there may be insufficient money to pay the estate’s debts, seek advice before making payments or committing to expenditure.

Solicitors Regulation Authority: understanding legal costs

When specialist advice matters

Consider obtaining specialist advice early where there is:

A disputed Will or disagreement between executors.
A possible claim against the estate.
Uncertainty about whether the estate can pay its debts.
A trust, business or overseas connection.
A complicated tax position or significant lifetime gifts.
A missing beneficiary or uncertainty about who inherits.
A beneficiary requiring special arrangements.
A proposed change to the distribution of an inheritance.

An estate can need specialist help even if no Inheritance Tax is payable.

Choosing an approach that suits the circumstances

There is no single best option for every estate.

Start by identifying the work involved, the parts you can manage and the issues requiring expertise. Then decide how much help to obtain.

You can seek advice during the administration if circumstances change. It is better to clarify an important uncertainty before acting than to try to correct it afterwards.

This page provides general information for England and Wales. It is not legal or tax advice about a particular estate.

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