An honest guide to when professional help is essential — and when you can manage alone.
One of the most common questions executors ask is whether they need to instruct a solicitor. The short answer is: no, you are not legally required to use one. In England and Wales, any executor can apply for probate and administer an estate themselves. But whether you should is a different question — and the answer depends on the complexity of the estate, your own confidence with paperwork and legal processes, and the potential consequences of getting something wrong.
There is no legal requirement to use a solicitor for probate in England and Wales. The Probate Registry accepts applications directly from executors, and the government's own guidance actively encourages DIY applications as a cost-saving option. Approximately 40–50% of probate applications in England and Wales are now made without a solicitor. The process is administrative rather than legal in most cases, and the forms — while detailed — are designed to be completed by a layperson.
If the estate is straightforward — a clear will, assets below the Inheritance Tax threshold, no property disputes, no foreign assets, and beneficiaries who are all adults in agreement — there is a strong case for managing the process yourself. The main costs of DIY probate are the Probate Registry application fee (£273 for estates over £5,000) and your own time. Many executors find the process manageable with good guidance, a systematic approach, and the right tools. Kinvoy is designed precisely for this scenario: structured task lists, document storage, and plain-English guidance at every step.
There are circumstances where professional involvement is not just helpful but genuinely important. These include: estates where Inheritance Tax is due and the calculations are complex; estates involving business assets, agricultural property, or overseas assets; situations where the will is disputed or its validity is in question; cases where the deceased died intestate (without a will) and the family situation is complicated; and estates where there are known or potential creditors, including HMRC debts. In these situations, the cost of a solicitor — typically £3,000 to £6,000 for a straightforward estate, more for complex ones — is almost always justified by the reduction in personal liability risk.
This is the consideration that most executors underestimate. As an executor, you are personally liable for errors in estate administration. If you distribute assets to beneficiaries and a creditor later makes a valid claim, you may have to make good the shortfall from your own pocket. If you make an error in the IHT calculation that results in an underpayment, HMRC will pursue the executor personally. A solicitor does not eliminate this liability, but their professional indemnity insurance provides a layer of protection that a DIY executor does not have. For larger estates, this consideration alone often tips the balance towards professional involvement.
Many executors find that the most effective approach is to use a structured platform like Kinvoy to organise the estate, track tasks, and store documents — and to instruct a solicitor only for the specific elements that require legal expertise, such as the IHT submission or a property transfer. This hybrid approach keeps costs down while ensuring that the high-risk elements are handled professionally. Kinvoy's Professional plan is designed with this use case in mind, providing a shared workspace that both the executor and their solicitor can access.
If you decide to instruct a solicitor, the Law Society's Find a Solicitor tool (solicitors.lawsociety.org.uk) allows you to search for regulated probate practitioners in your area. Always ask for a written fee estimate before instructing, and clarify whether the fee is fixed or a percentage of the estate value — percentage-based fees can be significantly more expensive for larger estates. You are not obliged to use the solicitor who holds the will, and it is entirely reasonable to get two or three quotes before deciding.