DIY Probate UK: How to Administer an Estate Yourself
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When someone close to you dies, sorting out their estate can feel overwhelming, and paying a solicitor a percentage of the estate value on top of everything else can sting. The good news is that in many cases you do not need a solicitor to obtain a Grant of Probate or Letters of Administration.
Plenty of people in England and Wales handle probate themselves, particularly where the estate is modest and the family situation is straightforward. This guide walks you through what DIY probate actually involves, where the genuine pitfalls sit, and how to decide whether going it alone is sensible in your circumstances.
It is written for lay executors and administrators who want to understand the process before committing to any particular approach. Probate rules in Scotland and Northern Ireland work differently, so the focus here is England and Wales.
Overview
Probate is the umbrella term people use for the legal process of dealing with someone's estate after they die. Strictly speaking, a Grant of Probate is the document the court issues when there is a valid will naming executors. Where there is no will, or no named executor who can act, the equivalent document is called Letters of Administration.
Both are issued by HM Courts and Tribunals Service through the Probate Registry and give you the authority to collect in the deceased's assets, settle their debts and taxes, and distribute what remains according to the will or the intestacy rules. DIY probate simply means the executor or administrator handles this themselves rather than instructing a solicitor or probate specialist.
You can apply online or by post, report any inheritance tax position to HMRC, deal with banks and other asset holders directly, and distribute the estate yourself. It is perfectly legal, and for many small or uncomplicated estates it is the route most people take.
Key steps
- Check whether probate is actually needed. Not every estate requires a Grant. Small bank balances, jointly owned property passing to a surviving owner, and assets held in certain joint accounts may pass without one. Ask each asset holder what their threshold is, then decide whether a formal Grant is necessary before you start the paperwork.
- Locate the will and identify the correct role. Find the original will, check it is the most recent version, and confirm who the named executors are. If there is no will, work out who is entitled to apply for Letters of Administration under the intestacy rules. The person who applies takes on personal responsibility for administering the estate properly.
- Value the estate and deal with inheritance tax. Produce a full valuation of everything the deceased owned and owed at the date of death, including property, savings, investments, personal belongings, and any debts. Depending on the size and shape of the estate, you will need to submit the relevant inheritance tax form to HMRC before your probate application can proceed.
- Apply for the Grant of Probate or Letters of Administration. Most applications are now made through the gov.uk online service, though paper applications are still available where needed. You will pay an application fee (check gov.uk for the current amount), swear or confirm the truth of your statements, and wait for the Probate Registry to issue the Grant.
- Collect the assets, settle debts, and distribute the estate. Once you hold the Grant, you can close accounts, sell or transfer property, pay off any remaining liabilities, and distribute what is left to the beneficiaries. Keep careful records throughout, including estate accounts, so you can show exactly what came in, what went out, and who received what.
Common questions
Q Do I always need a Grant of Probate?
No. Where the estate is small, held jointly with a surviving spouse or civil partner, or made up mostly of assets that pass outside the estate, a Grant may not be required at all. Each bank, building society, and asset holder sets its own threshold for releasing funds without sight of a Grant. It is worth writing to each one early to find out what they will accept before assuming probate is needed.
Q How long does DIY probate usually take?
Timelines vary significantly. Straightforward estates can be wound up in several months, while those involving property sales, overseas assets, or disputes can take a year or more. The Probate Registry's own processing times shift depending on their workload, so check gov.uk for current guidance. Executors are generally expected to complete the main administration within around a year, often called the 'executor's year', though this is a guideline rather than a strict deadline.
Q What are the risks of handling probate myself?
As executor or administrator, you are personally liable for mistakes. Common problem areas include miscalculating inheritance tax, paying beneficiaries before all debts and tax are settled, missing creditors, and misinterpreting a will. If the estate is complex, contains a business, involves trusts, or there is any hint of a family dispute, the risk of getting something wrong and being held personally responsible rises sharply.
Q What is the difference between probate and Letters of Administration?
A Grant of Probate is issued when there is a valid will and an executor able to act. Letters of Administration are issued when there is no will, or where the will does not name an executor who can or will take on the role. The practical effect is similar: both documents give you legal authority to deal with the estate. The difference mainly affects who is entitled to apply and the order of priority.
Q Do I need to pay inheritance tax before I can get the Grant?
In many cases, yes. Inheritance tax that falls due is typically payable before the Grant is issued, which can create a practical headache because you often cannot access the deceased's funds until you have the Grant. HMRC operates a direct payment scheme allowing banks to release funds to settle the tax, and instalment options exist for certain assets like property. Check the current HMRC guidance for how this works in your situation.
Q Can I change my mind and instruct a solicitor partway through?
Yes. Nothing stops you starting the process yourself and bringing in professional help if things become more complicated than you expected. Many people apply for the Grant themselves, then ask a solicitor to handle a tricky element like a property sale or a disputed claim. Be aware that a professional taking over an estate that has already been partly administered will usually want to review what has been done so far.
Q What happens if beneficiaries disagree with how I am handling the estate?
Executors owe duties to the beneficiaries and must administer the estate properly. Disagreements are common and often resolved through better communication and clear estate accounts. If a beneficiary formally challenges the will or your conduct as executor, the matter can escalate quickly, and at that point independent legal input is strongly advisable to protect both the estate and your personal position.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovApplying for probate – gov.ukgov.uk
- Guidance · UK GovInheritance Tax forms (IHT400 and IHT205) – gov.ukgov.uk
- Guidance · UK GovValuing the estate of someone who's died – gov.ukgov.uk
- Guidance · UK GovIntestacy rules – gov.ukgov.uk
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.